whether the robberie bee committed in the day time or in the night Co. lib. r fo 6. Ashpoles Case the Hundred shall not be liable but where the robberie or felonie is committed in the day time yet if diverse doe commit a robberie those of the Hundred ought to apprehend all the felons for though they apprehend some of them yet that will not suffice to excuse them unlesse they apprehend all of them by that Statute of 13. Edw. 1. But now it is qualified in that point by the Statute of 27. Eliz. cap. 13. By which if any of the Inhabitants of any towne village or hamlet next to the place where the robberie was done do in their pursuite apprehend any of the offenders that shall excuse them though all bee not taken The Statutes concerning the approvement of wastes woods c. and other Lawes derived from the Law of Alfred cited by M. Cambden FRom that Law of King Alfred the Statute of 13. Edw. 1. cap. 46. concerning approvements of Wastes Woods and Pastures may seeme to borrow its light whereby it is provided that if any having right to approve do levie a Dike or an Hedge and some by night or at any other season when they suppose not to be espied doe overthrow the Hedge or Dike and men of the townes neere will not indict such as be guiltie of the fact The townes neere adjoyning shall bee distrained to levie the Dike or Hedge at their owne costs and to yeeld dammages At the Common Law if one be slaine in any towne in the day time so long as it is plaine day light and the man-killer doth escape the town where the Felonie was committed shall bee amerced for it Dum quis felonicè occisus fuit per diem nisi felo captus fuit tota villata illa oneretur This I thought pertinent to my present discourse to parallell that ancient Law of Omnes ex centuria decima Regis mulctam incurrerent with our latter Lawes whereby towneships are onerable upon the escape or not apprehending of offenders in certaine cases Besides that good and profitable Law amongst many others that gracious Prince did further decree that the Decurio or Tything man might judge of small matters and the Centurio or Constable of greater matters and at the fiequent meetings in every Satrapie or Shire now called Countie Courts the Senator or Greve was to heare and determine matters of greatest difficultie and moment King Edward sen succeeded who made a law De diebus cogendi populi Edw. sen An. 900 Lamb. fo 51. that every Greve Praepositus quisque should every moneth call the people together doe every man right and decide all controversies which confirmed the use of the Countie Court King Edgar made a law De Comitiis Centuriae Comitiis quilibet interesto That is to say Edgar Anno 599. let every man be present at the Leets or meetings of Hundreds but out of every shire let there be a more famous meeting twice a yeare Celeberrimus autem bis quotannis Conventus agitor and this is now the Sheriffes turne This King did farther decree Lamb. fo 80. that each person should finde pledges who might bring him forth to render every man his owne Quisque fidejussores qui eum jus suum cuique tribuere quam paratissimum praestent adhibeto The manner of proceeding by Juries in those subordinate Courts of Counties Hundreds c. NOw the manner of proceeding at that time in those meetings called Centuriae Comitiis Satrapiae Comitiis now called Court Leets and Sheriffes turnes doth appeare by a Law practised in those dayes and after revived by King Etheldred who lived Anno 979. which thus insueth In singulis Centuriis Comitia Sunto at que liberae conditionis viri duodeni aetate superiores Lamb. Expâ—â— verbo unâ cum Praeposito sacra tenentes juranto se non innocentem damnaturos sontémve absoluturos Let there be meetings in every Hundred and let twelve freemen of the better sort together with the chiefe pledge sweare upon the holy Evangelist not to condemn the innocent nor to acquit the nocent that is to doe every man right I will passe over many good lawes before the Conquest let us cast our eyes a little neerer and see how the Counsell of Iethro to Moses hath beene since pursued Bracton a learned and famous Common Lawyer who wrote in the time of Hen. 3. from the Conquest writes of the practice and duties of Kings Rex non alius debet judicare c. Bract. l. 2. cap. 2. The King and none else ought to judge if he alone be able to doe it sithence he is bound thereto by vertue of his oath and there fore the King ought to exercise the power of law as Gods Vicegerent and minister on earth Sin autem Dominus Rex ad singulas causas determinandas non sufficiat c. But if the King be not able to determine all causes that his labour may be the easier in plures personas partito onere eligere debet de regno suo viros sapientes timentes Deum in quibus sit veritas eloquiorum qui oderunt avaritiam quae inducit cupiditatem Et ex illis constituere justiciarios vicecomites alios ministros ballivos suos ad quos referantur tam quaestiones super dubâ—is quam querimoniae super injuriis c. He ought to choose out of his Kingdome wise men fearing God and hating coverousnesse and out of them to appoint Justices Sheriffes and other Ministers to decide questions of doubt and to redresse injuries c. All subordinate Justice derived from the King and Crowne IN a cause of Replevin upon a distresse for an Amerciament in a Leet 12 Hen â— 18 Fineux then chiefe Justice in his grave and learned argument affirmes That at the first the administration of justice was in one hand and in the Crowne and then afterwards by reason of the multitude of people the administration of justice was divided into Counties and the power was committed to a depatie in every Countie that is to say a Sheriffe who was Bayliffe and Deputie to the King and was assigned for conservation of the peace and to punish offenders and to defend the Realme upon invasion of enemies to bee attendant upon the King in times of warre and to cause all his people within his Countie to goe with him for defence of his land and for the better governement of the Countie and correction of offenders There were two Courts assigned to him viz. the Countie Court held every moneth and the Sheriffes turne held twice every yeare by which two Courts the whole Countie was governed the Countie Court was for one man to have remedie against another for any thing betweene them under 40. shillings And the Sheriffes turne unto which every man within the Countie of a certain age should come and were compelled to come that
grinde presentable Conspiracies in Butchers IF any Butchers Brewers Bakers Poulters 2 3 Ed. 6. c. â—â— Cookes Costermongers or Fruiterers not contented with moderate and reasonable gaine shall conspire covenant promise or make any oathes to sell their victuals but at certain prices Or if any artificers workmen or labourers do conspire covenant c. not to make or doe their workes but at a certaine price and rate or shall not enterprise or take upon them to finish what another hath begun or shall doe but certaine worke in a day or shall not worke but at certaine houres and times Every person so offending being lawfully convicted thereof by witnesse confession or otherwise shall forfeit as followeth 1 Offence ten pound to the King if he have to pay within six dayes after his conviction or twenty dayes imprisonment with bread and water for his sustenance 2 Twenty pound to the King if he have to pay within six dayes or else the punishment of the Pillorie 3 Forty pound c. payable within six dayes or else to sit in the Pillorie lose one of his eares and at all times after to bee taken for a man infamous and his oath not to be credited in any matters of judgement And if such conspiracie c. be had and made by any societie brotherhood or company of the victuallers above mentioned with the presence or consent of the more part of them that then immediately upon such act of Conspiracie covenant or promise over and besides the particular punishment before appointed for the offender their corporation shall be dissolved to all intents constructions and purposes False weights and measures IF any keepe and use any false measures of bushels gallons ells yards or false weights ballances and pounds Double weights c. OR if any use double weights and measures the greater to buy with and the lesser to sell with to deceive the people in Mag. Car. â— 26. one speciall branch for the uniformitie of weight and measure is in these words S. Vna sit mensura vini per totum Regnum nostrum una mensura cervisiae una mensura bladi et de ponderibus sicut de mensuris Also by the foresaid Stature of 51 Hen. 1. It was to be inquired if any sold by one measure and bought by another or if any did use false ells weights or measures which was confirmed and inlarged by 27. Ed. 3.10 It is Gods law injoyned by Moses unto the people You shall doe no unrighteousnesse in judgement in mete yard in weight or measure just ballances just weights a just ephah and a just hinne shall yee have Levit. 19. vers 35.36 Wines THe Statute of 7 Ed. 6. 7 Ed. 6 c. 5. ca. 5. intituled an Act made to avoid the great and excessive prices of wines for so much as doth concerne the prices of wines or the restraining of having wines in mens houses is repealed 1 Iac. 25. But no person shall keepe any Taverne or sell or utter by retaile by the gallon or lesse or greater measure in any place any Gascony Guyon or French nor any Rochel wines nor any other wine or wines in any place except it be in cities townes corporate Boroughs Port townes or Market townes or in the townes of Gravesend Sittingborne Tuxford and Bagshot upon paine to forfeit for every day so offending ten pound No person shall sell wines by retaile in any Citie borough c. unlesse he be assigned by the head officers and the most part of the common Counsell Aldermen c. for the time being of such City c. by writing under the common seale Nor in any Citie or towne c. not corporate or in the townes of Gravesend Sittingborn or Bagshot unlesse he be appointed by all or most part of the Iustices of peace of that Shire at the generall Sessions of the peace by writing under their severall seales under paine for every day five pound And if any having authoritie c. shall nominate and appoint more or greater number of Taverners or Wine-sellers than by the Statute is limited to be assigned in severall places shall forfeit for every such nomination or appointment five pound And none shall sell or retaile any kinde of wines to be drank or spent in his mansion house or other place in his tenure or occupation by any colour craft engine or meane upon paine to forfeit for every such offence ten pound The Steward in every Leet and the Sheriffe in his Tourne inter alia have power to enquire by the oathes of twelve lawfull men of all offences done contrary to this Act and every inquirie and presentment so taken shall be of such force as if it were had or taken in the Kings bench and the foresaid penalties upon any such presentment and no bill plaint action or information thereof commenced in any the Courts of Record shall bee divided equally in two parts whereof one to bee to the King and the other to the poore of the towne or place c. To bee sued presented c. within one yeare Deceits in Tradesmen IF any Tradesman or Artificer whatsoever doth use any fraud shift slight or deceit in the making of his and their ware and chaffer and doe not make the same as they ought wherby the people are deceived Learned Lynwood titul de haereticis ca. finaliter sets forth seven sorts of Mechanick arts or trades and in the first sort he rankes all those qui circa pilos et lanam pelles et carnes operantur those that meddle with haire or wooll hide or flesh amongst whom are butchers Tanners Curriers Shoomakers or Cordwayners and others cutting of Leather all comprized in the Statute of 1 Iac. ca. 22. the butchers I have singled out already in their due place Clothmakers and Labourers thereof IN the occupations of Clothmaking the laborers thereof were driven to take a great part of their wages in pinnes girdles and other unprofitable wares and had delivered unto them woolls to be wrought by very excessive weight whereby both men and women were discouraged of such labour It was therefore ordained That all clothmakers should pay to the carders spinsters and all other labourers in any part of that trade lawfull mony for all their lawfull wages And should also deliver woolls to be wrought according to the faithfull deliverie Repealed 5 Eliz â— and due weight thereof upon paine to forfeit to every labourer The treble value of the wages so not paid And for every default in deliverie of excessive and unlawfull weight six pence That every carder spinster weaver fuller shereman and dyer shall duely performe his dutie in his occupation upon paine of yeelding to to the partie greeved double dammages That every fuller in his craft of fulling tasselling or rowing of cloth shall exercise and use tazels and no cards deceitfully impairing the same cloth upon pain to yeeld to the partie grieved double dammages Every Steward of Wapentakes and Leets out of any
A TREATISE OF The Antiquity Authority Vses And Jurisdiction of the Ancient Courts of LEET or view of Franck-Pledge and of Subordination of Government derived from the Institution of MOSES the first Legislator And the first imitation of him in this ISLAND OF Great BRITAINE by KING Alfred and continued ever since Together with Additions and alterations of the Moderne Lawes and STATUTES inquirable at those COURTS untill this present Yeare 1641. With a large Explication of the old OATH of Allegeance Annexed LONDON Printed by R. B. and are to be sold by G. Badger at the Kings Head in St. Pauls Church-Yard 1641. TO The Right Honourable the Knights Citizens and Burgesses Assembled in the Commons House of PARLIAMENT And in that Numerous Assembly to the Worthy SPEAKER His much Honoured IOHN SELDEN ESQUIER with the rest of the Learned long ROBE THis Treatise of the most Ancient Court Leets Right Honourable containes in it the severall Crimes and Offences there inquirable as well by the Common Law as by diverse Statutes whereof many of this great Congregation had a Vote and interest in the making Jt hath bin the work of many intercisive houres and had a whole winter-Age under the over-sight of a Iudge Sir Edward Coke famous in his time somtimes an Honourable member of former Parliaments How it was entertained by him and with what benediction it returned to the Author from him is well knowne to a Gentleman yet living his then Amanuensis Since it pleased his late Majesties Attorney generall upon a reference to him from his Sacred Majesty dated December 1634. Tho. Tesdall Esquier to recommend the examination of this worke and the Statutes therein cited to an able Counsellor of Grayes-Inne who after a deliberate perusall and consideration had of it did at the end thereof Certifie his opinion in these words I have seriously perused this Tract concerning Court Leets 13. Iuly 1636. and finde it to bee compiled with much care and diligence And I conceive generally well composed and usefull to bee published Not long after this the Decree of the Star-Chamber intervening for limitation of the Presse upon some strict termes This little Creature had the happinesse to be reserved for these long lookt for times The motive inducing the publishing of it is a three-fold engagement of the Author 1. Debitum reipublicae a debt due from him to the Common-wealth for expiation of the many lost and mispent houres of pretious time 2. Jt is debitum professionis a debt of his calling or profession wherin every man is but a Steward and must render an accompt Hee must not reponere talentum in sudario but so order and improve it that hee may be enabled to cast if not a Talent yet a Mite into the Common Treasury 3. * In Vita Aturedi It is debitum promissionis in praelo a debt of Promise and that in the Presse All legall promises especially those which are publikely attested are inviolably to be observed Now the end of publishing it is for the common good For sithenoe the Leet is justly termed schola insigniendi juvenes It is very necessary that the sonnes and servants of Farmers Yeomen and others versed in rurall affaires should bee disciplined in the Lawes under the government whereof they live and have their protection And for their better instruction J have in the rehearsall of the severall Statutes declared the paines and penalties for the benefit of persons who have not Statutes at large or abridgements Reverend Master Crompton in the Dedication of his Iustice of Peace affirmeth that hee thought fit to set downe the penalties and punishments due to every offence mentioned in the charge contained in that booke in pursuance of the Order and method prosecuted by the Honourable Sir Anthony Fitzharbert in his treatise of that Subject and in imitation of the usage and custom of the Iustices of Assize in their Circuits deeming it necessary to informe the people as well of the punishment as of the offence And if parvis fas sit componere magna I have presumed to take my patterne thence that offenders may know the proportion of their paine as well as the quality of their crime And now right honourable this treatise together with the other annexed the Author doth most submissively present unto this thrice Honourable Assembly humbly imploring the vouchsafement of Your Honourable Licence and safe Conduct for those innocent Twinnes to passe cheerefully into the world That they may be disposed and imployed to that end for which they were compiled as Your Honours shall thinke fit The God of all Counsell and Consolation be present and President in all your religious Counsells and Consultations and multiply his blessings upon this whole body as well in all your publike as private affaires For which the Author will never cease incessantly to pray Rob. Powell The Table of the severall Sections in the first part of this Treatise THe Preface or Introduction touching the occasion and Originall of Lawes The first Institution of subordination by Moses The first promulgation of Lawes and the beginning of legall oathes for administration of Iustice The first imitation of Moses in this Kingdome by King Alfred The first division of this kingdome by King Alfred into Counties Hundreds and Tythings The appointment of Officers and making Lawes for the better ordering of the Kingdome The Statutes concerning the approvement of Wastes-Woods c. and other Lawes derived from the Law of Alfred cited by Mr. Cambden The manner of proceeding by Iuries in those subordinate Courts of Counties Hundreds c. All subordinate Iustice derived from the King and Crowne The most principall uses of Court Leet stand upon three points The oath of Legeance ministred at those meetings first instituted by King Arthur Three things considerable in the keeping of Tournes and Leets 1. Time 2. Place 3. Persons To answer an objection for the time that all Leets are not kept infra mensem after Easter and Michaelmas In what cases and by what meanes a Leet or franchise may be seised or forfeited or the Lord damnified A direction for Lords in choosing their Stewards The properties and qualities which a Steward ought to have The authority of a Steward in Leets A Stewards power to impose a reasonable fyne And such fyne is not afferable nor traversable The remedies for recovery of fynes and amerciaments in a Leet Certaine cautions in the taking of distresses The last act or period of proceedings in a Court Leet is Afferement The ministeriall part of a Court Leet in the levying of fynes and amerciaments assessed A speciall caution for Lords of Leets against the farming out of their perquisites THE Antiquity Authority Vses and Iurisdiction of Court Leets or view of Franck pledge c. The Preface or Introduction touching the occasion and originall of Lawes WHilst man stood in the state of Innocency There was no sinne and so no need of any written or positive
sight of him though he after take him It is fineable according to the quality of the offence Rescue de felon IF any shall presume to rescue and set at liberty by fraud or force any person apprehended or arrested for felonie it is felonie in the rescuer and here inquirable 1 Henry 7.9 * ⎠* The Second sort of Offences which doe concerne the power of a Leet both in inquirie and punishment and are either grounded upon the Common Lawes or the Statute Lawes of this Realme and may be reduced to these severall Branches hereafter following The KINGS Prerogative ALL Suitors and Resiants within the Precinct of a Leet ought to appeare in person and are presentable if they doe absent themselves Chiefe Pledges IF the Capitall or chiefe Pledges of every Decennary viz. the Tething man whose institution and office hath beene before at large described doe not appeare the ancient use of them was to take care that none should come within the Seigniorie or libertie but find pledges of their good abearing If this law were well observed the Justices of peace would not bee troubled with setling and dissetling of persons from parish to parish as now they are Legiance ALL and every male person of the age of 12 yeares and upwards abiding within a Libertie by the space of a yeare and a day who hath not done his suit royall scil taken the oath of Legiance before at large expressed are presentable 18 Edward 2. Every one of that age being a subject borne must be Iuratus in Decennaria Brooke Leet 39. See Canutus Law 19. Lamb. â—râ—h Nos vero praecipimus ut quisque annos ad 12 natus jurejurando fidem det se in posterum tum furto tum furti societate temperaturum All and every person or persons who shall keep or harbour any such youths and do not bring them in to be sworne are presentable Broo. Leet 7. Common Nusances ALL Purprestures are here inquirable The word is not obvious to every countrie capacitie Glanv li. 9 ca. 11. thus defines it Dicitur autem propriè purprestura c. It is properly called Purpresture when any thing is unjustly usurped upon the King as upon the Kings demesnes or in stopping the publike wayes or turning publike waters out of their right course Or when any man shall erect any thing in any Citie upon the Kings street and generally Quoties aliquid sit ad nocumentum Regii tenti vel Regiae viae vel civitatis All Purprestrures are either erigendo or destruendo either in setting up or casting downe something which may tend to a publike annoyance They are commonly made in Lands Woods and waters to the inconvenience of his Majesties leige people by stockes and blockes or levying any Dikes or Hedges or by making or filling up any Dikes If any walls houses pales or hedges be made and erected or beaten and throwne downe or any wayes and paths opened or stopped to the hurt of the people If any waters be turned or stopped or diverted out of their right course or if the common Rivers be corrupted and annoyed by white tawing lime or such like Or if any ditches mounds and Rynes which are the fences of grounds be not duely scoured and cleansed Incroachment on High-wayes IF any incroach upon the Kings high wayes or any carrion or unwholesome thing be cast into the same or in the common streets to the annoyance of the people Bridges c. IF any Bridges or Causeyes be decayed or broken inquiry is to be made of the defects and who ought to repaire them Watering with Hempe c. IF any person do water any Hempe or Flaxe in any river running water streame or brooke or other common pond where beasts doe use to drinke it was and is a popular nusance at the Common Law and inquirable and amerciable at the Leet But by the Statute of 33 H. 8. cap. 17. the partie offending doth forfeit for every time so doing 20. shillings 33 H. 8. c. 17. the one halfe to the partie grieved or any other that will sue for the same forfeiture in any Court of Record Leet or Law-day by action of debt bill plaint information or otherwise and the other moytie to the King As High-wayes must not be incroached upon or annoyed so they must be duely repaired and amended High-wayes THere are two sorts of Highwayes 1 Chimini Majores 2 Chimini minores The Majores are the foure great fosse wayes whereof two extend through the Kingdome in length and two in breadth The lesser wayes are such which leade from Citie to Citie and from one Towne to another per quos mercata vehuntur c. for conveying and carrying of wares and merchandize from market to market and concerning these it was the Law of King Edward Confessor Si quippiam operis ad corum perturbationem erigatar solotenus deponatur chimini more solito reparentur which is agreeable to the common Law at this day And for that the highwayes grew very noysome and tedious to travell in 1 2. Ph. Marca 8. and dangerous to all persons passengers and carriages It was enacted That the Constables and Churchwardens of every parish within this Realme should yearly upon tuesday or wednesday in Easter weeke call together a number of the parishioners and elect two honest persons of the parish to bee surveyers and orderers for one yeare of the workes for amendment of the high wayes in their parish leading to any market towne That the surveyer shall have authoritie to order and direct the persons and carriages which shall be appointed for those workes by their discretion and shall take upon them the execution of their offices upon paine of 20 shillings every one making default That Stewards of every Leet have power to enquire by the oathes of the suitors of all and every the offences that shall bee committed against every point and article of this Statute and to assesse such reasonable fynes and amerciaments as shall be thought meet That the Steward of every Leet shall make estraets indented of all the fynes forfeitures and amerciaments for the defaults presented before him and shall deliver one part figned and sealed by him to the Bailiffe or high Constable of every Hundred Rapelathe or Wapentake where the defaults shall be presented and the other part to the Constables and Churchwardens of the parish wherein the defaults were made the same to bee yearely delivered within sixe weekes after Michaelmas to bee bestowed on the high wayes in the said parishes That the Bayliffe and head Constable shall at least once every yeare betweene the first of March and the last of Aprill make true account and payment of all such summs of money to the Constables and Churchwardens of every such parish or two of them as hee shall have collected upon any the said estreats upon paine to forfeit 40. shillings for every time to be bestowed as aforesaid This Statute by a Latter of 5 Eliz 13.
question not only by force but also by subtiltie 3 By false invention and dispersing of calumniations rumors and reportes whereby discord and disquiet doe arise amongst his neighbours This person is the common incendiarie of strife in his neighbourhood and is ever fishing in troubled waters Hee is alwayes like a Woolfe worrying his harmelesse neighbours with multiplicity of unjust and fained suits either by information upon penall Statutes or by personall actions for himselfe and others or by malicious procuring of Latitats or Supplicavits of the peace and all by fraud and malice to inforce the poore partie to give him money or some other composition ad redimendam vexationem Evisdropper THe Evisdropper who is a species of a Barretor doth succeed in his order one that lurks under walls or windowes by night or day to heare and carry tales and raise strife twixt neighbours a most perillous member in a peacable common wealth the holy Ghost in the new Testament calls such an one Diabolus a false accuser calumniator or make-bate 2 Tim. 3.3 Salomon Prov. ca. 26. v. 20. cryes our against them in this wise Where no wood is there the fire goeth out where there is no talebearer there strife ceaseth vers 21. The words of a talebearer are as wounds and they goe downe into the inner most parts of the bellie Levit. 19. ver 16. Thou shalt not goe up and downe as a talebearer among the people The litterall interpretation of a Talebearer or accuser is one that maketh marchandise as it were of words uttering them as wares going from place to place to heare and spread abroad criminations of other men Such creatures are compared to a kinde of fowle and infectious vermin called Weasels who conceive by the eares and bring forth their little ones by the throat a thing abominable in men to receive by the hearing any false and feyned deprivations and to utter and exaggerate the same by their tongue and report and certainly a patulous and forward eare doth incourage and intise a busie tongue and both the detractor and the hearer Diabolum habent alter in aure alter in lingua Lewd houses THose who keepe and maintaine in their houses lewdnesse and lewd strumpets whose persons are justly branded for Bawdes and Panders and their habitation for Stewes and Brothell houses which minister frequent occasion of murthers and bloodsheds and often infringment of the peace to the utter ruine and destruction of famines a most odious and audacious sinne which poysoneth and corrupteth the publike weale this lewd and too accustomed vice is punished in the spirituall Court pro salute animae but here inquirable pro salute reipublicae 27. Hen 8. fo 17. Rogues c. ALL Rogues Vagabonds and sturdie persons that wander up and downe are here inquirable by the common law 39 Eilz ca 4. For suppressing such kinde of people diverse lawes were made which were all repealed by the Statute of 39. Eliz ca. 4. and thereby a description made who should bee accompted Rogues Vagabonds and sturdie beggars That is to say 1 All persons calling themselves Schollars going about begging 2 All Seafaring men pretending losse of ships or goods 3 All idle persons going about begging or useing any subtile craft or unlawfull games 4 Or faining knowledge in Phy siognomie Palmestry or other like craftie science 5 All tellers of destinies fortunes or other-like fantasticall imaginations 6 All Proctors Procuâ—ers Pattent-gatherers or collectors for Gaoles Prisons or Hospitals 7 All Fencers Bearewards common Players of interludes and minstrells wandring abroad other than such as belong to honourable personages lycensed under their hands and seales of armes By the Statute of 1 Iac. 7. which did continue and inlarge the said Statute of 39 Eliz. all licences of honourable personages are taken away And all glassemen wandring up and downe the countrey are numbred in the ranck of rogues By this Statute every man is bound to apprehend such a rogue as he or they shall see or know to resort to their houses to aske or receive any almes and to carrie or cause him to bee carried to the next Constable or Tethingman upon pain for every time 10 shillings to be levied and imployed according to the provision of 39. Eliz. in manner following viz. For the reparations and maintenance of the houses of correction and stocke and store thereof Or reliefe of the poore where the offence is committed at the discretion of the Justices of peace of the limit citie or towne corporate and to be levied by warrant under the hands and seales of two or more of the said Iustices by distresse and sale of the offenders goods and chattels And in default of any such levie then to be levied and imployed by the Lord of the Leet or his Officer in such manner as is prescribed by the Statute of 39. Eliz. By the same Statute of 1 Iac. If such Constables or Tethingmen do not cause the said rogues vagabonds and sturdie beggars to be punished according to the Statute of 39. Eliz. That then they shall forfeit 20 shillings for every default to be levied and imployed in manner as in the Statute 39. Eliz. is set forth This Statute of 1 Iacob is continued by 21. Iacob and 3. Car. and doth not any way abridge the former power of the Court Leet in inquiring presenting and amercing but rather gives an amplification to it and a speciall direction who are to be accounted rogues which before those Statutes were not so exactly known and deciphered This Law in point of preventing justice is the most usefull of all other ordinarie Lawes for experience will teach every one that the opportunities of their lawlesse and wandering liberties were not such provisions of restraint made would minister occasions of robberies burglaries assasinations murders and other grievous offences Message of Theeves IF any be imployed and doe goe in the message of theeves and are as bad and worse than rogues are here inquirable Masterlesse persons ANd so are those who like Antipodes walk in the night and sleepe in the day men that live without meanes or master fare well and have nothing who are not able to render an account of their life Haunters of Alehouses Amongst vagabonds or hazarders and night walkers M. Fitzh and M. Kitchin have joyned common haunters of Tavernes or Ale-houses and since they wrote diverse good laws have beene made aswell against such haunters as against drunkards and their harbourers and receivers The first Statute being 1. Iaco. 9. intituled an Act to restraine the inordinate haunting and tipling in Innes Alehouses and other victualing houses doth set forth the ancient true and principal use of such houses to be for receipt and releif of way faring persons and for supply of the wants of poore people and not meant for the harbouring of lewd and idle persons to spend and consume their money and time in drunken manner By which Statute it was restrained that no Alehouse-keeper c.
made void But for that the dearth and plentie of Cheese Butter Capons Hens Chicken and other victualls necessarie for mens sustenance were many times inhaunsed and raised by the covetousnesse of the owners by occasion of ingrossing and regrating the same 25 Hen. 8 cap. 2 It was 25 H. 8 cap. 2. provided that upon complaint of any such inhaunsing the Lord chancellor of England and others therein named should have power to see and taxe reasonable prices upon such kind of victualls to be sold in grosse or by retaile and Proclamation to bee thereof made under the great Seale and those prices so taxed to be observed upon such paines as by the said Proclamation should be declared But this Act should not be hurtfull to Maiors Sheriffes Bailiffes or other officers of Cities Boroughs or Townes-corporate nor to any other having authoritie to set prices c. Nota the power of a Leet is not abridged by any of these Statutes but rather declared and explained Horsebread c. IF any Baker in any Citie Towne corporate 〈◊〉 Jar. â—1 oâ— Market towne shall make or sell any Horse-bread which is not of lawfull assize and reasonable weight after the price of Corne and Graine in the market adjoyning Or if any Hostler or Inholder dwelling in any Citie c. shall make horsebread in his hosterie or without Or shall not sell their horsebread and their hay oates beanes pease provender and all kinde of victuall both for man and beast for reasonable gaine having respect to the prices in the markets adjoyning without taking any thing for litter Or if any Inholders of Hostlers dwelling in any throughfare towne or village being no citie towne corporate or market-towne where any common Baker having beene an apprentice at that trade by the space of seven years is dwelling who may by this Statute make horsebread in his house shall not make it sufficient lawfull and of due assize according to the said prices of graine and corne Or shall offend in any thing contrary to this act All stewards of Leets have power to enquire heare and determine all the said defaults and offences of the said Hostlers and Inholders And the punishment to be insticted is for the 1 Offence to be fined according to the quantitie of the offence 2 Conviction imprisonment for one moneth without baile c. 3 To stand in the pillorie without redemption of money 4 After judgement of the pillorie given hee shall be forejudged from keeping any Inne againe Unwholesome or corrupt Victuall IF any Butchers Fishers or other Victuallers do sell any manner of corrupt victuall not wholesome for the body of man If any butcher shall sell carnes sustentatas vel de morte morina any contagious flesh or that dyed of the murrain 51 Hen. 3. Or shall kill and sell the flesh of any Bull unbaited or of any cattle killed suddainly upon the drift or with their breath doe puffe and blow up meat whereby it prooves deceitfull in the sale and may bee unwholesome it is presentable Flawing of Hides c. NO Butcher by himself or by any other person 1 Iac ca. 22. shall gash slaughter or cut any hide of any Oxe Bull Steere or Cow in flaying thereof or otherwise whereby the same bee impaired or hurt under paine of 20 pence for every hide so gashed c. 1 Iac. c. 22. No Butcher shall water any hide except only in the moneths of Iune Iuly and August nor shall offer or put to sale any putrified or rotten hide upon paine of every hide so watered putrified and offered to be put to sale three shillings foure pence Calves under five weekes old NO Butcher or other person or persons shall kill any Calfe to sell being under five weeks old upon paine for every Calfe so to be killed and sold six shillings foure pence No Butcher shall by himselfe or any other person use the craft or mysterie of a Tanner during the time that he shall use the craft of a butcher upon paine for every day six shillings eight pence Cookes INquirie is to be made of Cookes that seeth flesh or fish with bread or water or any otherwise that is not wholesome for mans bodie or after that they have kept it so long that it loseth its naturall goodnesse debitam naturam and then reseeth it and sell it 51 Hen. 3. Malt-maker THe Maltmaker the only Syre of an unruly Alchouse 21 Edw. 6.10 revived 27 Eliz 14. by his excesse in making of too much Continued 1 Iac. 25 Continued 21 Jac. 28 Continuâ—â— 3 Car. 4. and his slights and deceipts in his hasty making of bad and corrupt malt is as ill a member as any his frauds and slights are in the preamble of this Statute described to be such in the making and drying of his malt that no wholesome drinke for mans bodie could bee thereof made to the perill and danger of his Majesties subjects the losse and decay of the Common wealth and the utter impoverishment of Brewers for that they could not make so much of fifty quarters of malt being evill dryed and made as they could of forty good If therefore any person shall make any barly malt the moneths of Iune Iuly and August only excepted but that it shall have in the Fat and Floore steeping and sufficient drying thereof three weeks at the least and in those moneths 17 dayes at the least without which it cannot bee wholesome for mans body shall forfeit for every quarter of Barly malt two shillings Or if any shall mingle any malt not being well and sufficiently made or being made of mow-burnt or spired barlie with other good malt and put the same to sale shall forfeit for every quarter two shillings If any person shall put to sale any malt not sufficiently and well trodden rubbed and fanned whereby there may bee conveniently fanned out of one quarter thereof halfe a peck of dust or more every such person shal forfeit and lose for every quarter so put to sale twentie pence One moitie of those forfeitures are to accrew to the King and the other to the partie that will sue for the same to be sued or presented within one yeare Of these abuses every Steward of Leets hath power to heare and determine aswell by presentment of twelve men as by accusation or information of two honest witnesses and the Bailiffes and Constables of every borough market towne or other towne where such malt shal be made or put to sale within any of the said townes and finding the same with the advice of one Iustice of peace shall cause the same to be sold at reasonable prices and under the price of the market as to his discretion shall seeme expedient Millers IF any Miller take excessive tole he ought to take but the twentieth or twenty fourth grain according to the custome of the place and to the strength of the water or if hee changeth or altereth the graine which he hath to
three miles of London shall upon paine of forty pound whereof one halfe to the King the other to the partie that will sue for the same for every yeare that they make default shall yearely appoint and sweare two three or more sufficient and skilfull men to be searchers and sealers of leather within their limits and one of them shall keepe a marke or seale prepared for that purpose and shall seale such leather as they finde sufficient and none other That it shall be lawfull to any of them to seiz all such leather and ware as shall be insufficiently tanned curried made or wrought contrary to any provision in this act and shall retaine the same untill it be tryed as hereafter is mentioned viz. That every such Mayor c. or Lord of libertie or his sufficient deputie after notice given to him of any such seisure shall with all convenient speed appoint six honest and expert men to trie whether the same wares so seized be sufficient according to the intent of this Statute or not the same tryall to be made openly upon some market day within fifteene dayes at the farthest next after such seisure upon the oaths of the tryers To forfeit for not appointing such tryers sive pound The tryers if they doe not proceed and doe their duties therein without delay doe forfeit for every default sive pound Every searcher and sealer of leather which shall resuse with convenient speed to seale any lawfull leather shall for every such offence forfeit forty shillings For receiving any bribe or exacting any fee for execution of his office other than is limited by the statute for searching sealing and registring of leather 20 pound For refusing after election to execute the office 10. pound Stewards of Franchises and Leets have power to heare and determine all the offences against this Act and also by their discretions to examine all persons suspected to offend this Statute or any parcell thereof Cloth makers Fullers Sheeremen Taylers Shoomakers IF any of those trades shall retaine to worke in any of their trades any unmarried person as a journey man to worke by the day â— Ed. 6 22. or taile work or by the great for any lesse time than for one whole quarter of one whole yeare the person or persons offending shall suffer imprisonment for whole moneth and forfeit forty shillings for every offence If any Iou roey man of any the said mysteries being required by any persons useing the said trades This is fully repealed by 5. Eliz. c. 4. or any of them to serve by the quarter of a yeare halfe a yeare or whole yeare upon such reasonable wages as betweene them shall bee agreed and in case they cannot accord then for such wages as shall be adjudged and decreed by one Iustice of peace Maior Alderman Bailiffe Portreeve Constable or Tethingman of the Shire Citie Towne Borough Village Hundred Wapentake or Tything where any such journeyman shall be required and shall refuse to serve shall suffer imprisonment for one whole moneth and forfeit for every time 20. shillings All and every the said Tradesmen that shall have three apprentises in any of the said occupations shall keepe one Iourneyman and forevery other apprentise above the number of three one other Iourneyman upon paine of every default ten pound the one halfe to the King the other to the partie that will sue for it All Stewards of Leets inter alios hath power to punish and correct all and every offenders contrary to the tenour of this according to such presentments as shall bee made before them The second Mechanicke art of M. Linwoods division is Armatura and Sub hac arte saith he continetur ars Sagittariorum Balistariorum And they fitlie succeed here to be inquired of in their due order Artillerie FOr maintenance of Sagittarie Discipline an exercise famous and honourable to this Kingdome for many victorious battels and for debarring and repressing of unlawfull games 33 H. 8. c. 9. the Statute of 33. Hen. 8. ca. 9. was ordained which provideth that such as be of tender age bee brought up in the knowledge of Shooting and every person shall provide and have in his house for every man child of the age of seven yeares and above till hee come to the age of seventeene yeares a bow and two shafts to learne and induce them under paine if they want them one moneth together of six shillings eight pence incurred against the master After seventeene yeares every such young man shall provide a bow and foure arrowes at his owne cost and if under threescore yeares taking wages and being able to shoot hee shall want a bow and foure Arrowes by the space of one moneth together shall forfeit for every such default six shillings eight pence No man under the age of 24. yeares shall shoote at a standing pricke except it be at a rover whereat he shall change at every shoot his marke upon paine for every shoot foure pence Nor at any marke of eleven score yards or under with any prick shaft or slight under pain of six shillings eight pence for every shoot That Butts shall bee made in every Citie Towne and place by the inhabitants according to the Law of ancient time used and maintained and continued by them upon paine for every three moneths 20 shillings Stewards of Leets have power to heare and determine the offences and at their discretion to examine all persons not having bowes shifts and arrowes Unlawfull Games THis good Law 〈…〉 as it injoynes a lawfull so it inhibiteth an unlawfull exercise especially unlawfull games which are ingendred and â—â—rsed by idlenesse the mother of all vice the 〈◊〉 of youth decay of trades and thine of all common weale It is therefore enacted That none for his gaine and â—â—ere shall keepe or maintaine any common hâ—â—â—â—alley or place of Bowling Tennis Dicing Carding or any other manner of game prohibited by any Statute nor any hereafter to be invenced found or had â—â—on paine for every day 40. shillings Every person haunting any of the said houses and places and there playing forfeiteth for every time six shillings eight pence All Constables and Bailiffes c. shall make search every moneth for unlawfull games as well within franchises as without or in default thereof they forfeit for every moneth not executing the same forty shillings No artificer husbandman handicrafts man apprentise journeyman or servant of artificer marriners fishermen waterman or any serving-man shall at any time play at any the said unlawfull games but onely in the time of Christmas servants to play in their masters houses and in their presence No person shall bowle in any open place out of their garden or orchard upon paine of six shillings eight pence But noble men and every one that may dispend in lands or other profits to the yearely value of an hundred pound may permit their servants and others comming to their houses to play within the
precincts of his houses gardens or orchards at cards dice tables bowls or tennis and shall not incurre the penaltie of this Statute The forfeiture happening within the precinct of any franchise or Leet the one moyetie shall be to the Lord the other to the pâ—â—ty that will sue for the same by any action c. and out of the libertie of a Leet the 〈◊〉 moietie to be to the King c. Handguns and Crosbowes FOr that diverse malicious and ill disposed persons did shamefully commit diverse detestable murthers robberies felonies 33 〈◊〉 riots and routs with crossebowes little short handguâ—s and hagbuts to the great feare and danger of his Majesties Subjects And the laudable exercise of the long bow was lately laid a part which had beâ—ne the safe guard and defâ—nce of the Realme and an inestimable dread and terrour to the enemies of the same It was ordained That no person unlesse â—â—e could dispend in lands or other profits an hundred pound per annum should shoot in any crossbow handgan hagbut or demibanke or keepe any in then houses or elsewhere upon paint for every time 10. pound Nota S Iohns Case Co. l. 5. so 71. It was adjudged that a dagge and pistoll were comprehended under the word handgunne though not expresly memioned and that stonebowes were prohibited swell as cross-bowes No person shall shoot in carry use or have in his house or elsewhere any handgun other than such as shall be in the stocke and gunne the length of one yard nor any hagbut demihauke other than such as shall be in stocke and gunne three quarters of a yard upon pain of ten pound Every person having lands fees annuities or offices of the yearly value of an hundred pound may seize and take every such Crossebow and keepe it to his owne use and also seize every such handguns c. being shorter than before is appointed and to breake and destroy the same within 20 dayes after such seisure upon paine of forty shillings for every gunne so seized and not broken No person vnlesse he have an hundred pound per annum as aforesaid shall carry or have in his journey in the King his high way any cross-bow bent or gun charged except it be in time and service of war upon paine of ten pound None shall shoot in any handgun c. at any thing at large in any citie borough or market towne or within a quarter of a mile of any of them unlesse at a butt or bank of earth in place convenient or for defence of his person or house upon pain of ten pound for every shoot If any master command his servant to shoot in any crossebow handgun c. at any deere fowle or other thing except it be at a banke or butt of earth or in the time of war he shall forfeit 10. pound But some persons for exercise and some places for defence and other purposes are dispensed with by the Statute for useing and keeping of handguns c. Stewards and Bay liffes of Leets have power to enquire heare and determine all the offences so that no lesse than ten pound fine be assessed upon every presentment and conviction The one moietie of every fine to be paid and levied to the use of the King and the one halfe of the other moietie to the Lord of the Leet and the other half to the partie that will sue for it by action c. A second Iury to enquire of the concealements of the first and if any concealements bee presented every of the first Iury to forfeit twenty shillings one moietie to the Lord by distresse or action of debt the other to the partie that will sue c. Other Lawes here inquirable which concerne the preservation of Frye of Fish and of certaine Fowle and beasts of Warren as Phesant Partridge Hare and Conies and some beasts of chase c. Deere Fry of Fish THe preamble of this Statute sets forth the destruction of spawne â— Eliz 18. Made perpetuall 3 Car. Reg. c. 4. except the proviso for the River of Tweed c. fry and young breed of fish in rivers and streams salt and fresh insomuch as in divers places swine and dogs were fed therewith to the hinderance and decay of the common wealth It was therefore enacted that none should take and destroy any young brood or fly of fish in any waters brookes streames or rivers salt or fresh with any manner of net or any wayes or meanes whatsoever nor take or kill any Salmons or Trowts out of season being kepper or shedder Salmons or Trowts None shall take in any rivers or places aforesaid any Pickorell not being in length 10 inches fish or more Salmon 16. inches fish and more Trowte 12. inches or more Baitell 12. inches or more None shall take any fish with any manner of net trannell or any other engin or device angling excepted but only with net or tranâ—ell whereof every mesh shall be two inches and half in breadth But where smelts loches mynnetts bulhead gudgions and eles have used to bee taken it shall be lawfull to use any such nets and meanes as had beene thentofore used for that purpose so as no other fish be taken killed or destroyed therewith The forfeiture for every time is 20. shillings the fish taken and the nets trannels c to be to the use of the Lord of the Leet for ever and to be levied as amerciaments for affraies in Leets have used to be Steward of Leets to give these offences in charge or else to forfeit 40. shillings and he may impannell a second Iurie to enquire of the concealments of the first Iury and it any concealements bee found every of the first Iury shall forfeit to the Lord of the Leet 20 shillings to be levied as before This Statute is perpetuated 3. Car. 4. except the proviso for the River of Tweed c. Phesants and Partridges THis Statute was made to prevent the destruction of the game of Phesants and Partridges 3 Eliz. 10.2 by taking of them by day and night with nets and other engins As also the spoile of corne and grasse by untimely hawking in the beginning of harvest None therefore shall take kill or destroy any Phesants or Partridges with any nets engins or other devices whatsoever in the night time upon pain of forfeiture for every Phesant twenty shillings every Partridge ten shillings to be paid within twenty dayes after conviction Or upon nonpayment to have one moneths imprisonment and to be bound by some Iustice of peace for two yeares never to destroy any such game contrary to this Act. The moietie of the penaltie to be to the Lord of the libertie and the other halfe to him that will sue c. and if the Lord shall dispence with licence or procure any such taking or killing c. then such penalties to bee to the poore of the parish to be levied and recovered by the Churchwardens or any of
drifts there shall be found any Mare Filly Fole or Gelding that then shall be thought not able nor like to grow able to beare foles of reasonable stature nor to doe profitable labours by the discretion of the more number of the said drivers then the same shall bee killed and buried or otherwise bestowed Stewards of Leets to enquire of all defaults and to certifie the presentments unto the next quarter Sessions or to the Custos Rotul of the Countie within 40 dayes after such presentment made to be heard and determined by them or else The Steward to forfeit 40 shillings Horses infect NOne shall have or put to pasture any Horse Gelding or Mare infect with scab or mange into or upon any Commons or common fields upon paine to forfeit to the Lord of the Leet for every such Horse c. so infect ten shillings This offence to bee inquired and presented in the Leet as other common annoyances Nota this Statute in the most and fortilest shires of the Kingdome doth limit 15 handfuls and in the rest but 14. And by the 21. Iac. ca. 28. in fine This Stafor the breed and stature of Horses and killing of Fillies c. shall not extend to Cornwall The life and spirit of all law doth consist and depend upon the due execution of it For which purpose there must be fit places and instruments of custodie and correction for offenders and an upright care and integrity in officers for performance of their duties Pillorie c. EVery one who hath view of Frankpledge or the precincts and liberties of a Leet ought to have a Pillorie and a Tumbrell whereby to do justice and every Tything ought to have a Stocks as well for the keeping and safe detaining of offenders untill they bee brought before Iustices of peace or other Magistrates as also for the castigation of malefactors and disordered persons as Drunkards and others or else five pound forfeited The often cited ancient Law of 51. Hen. 3. doth injoyne an inquirie if any Steward or Bay liffe for any reward shall remit the judgement of the Pillorie or Tumbrell and si habeant in villa pillorium debitae fortitudinis c. a Pillorie of convenient strength as appertaineth to the libertie of their marker which they may use if need be without bodily perill either of man or woman Constables Ale-conners c. IF any Constable Aleconner Bay liffe or any other officers within the libertie doe not well and duely execute their offices according to their severall oathes and duties Purveyer IF any Purveyer shall make any purveyance for the Kings house of any thing to the value of forty shallings or under 20 H. 6. ca. 8. and not make readie payment to the party It shall be lawfull to the owners to retaine their goods and to resist such Purveyers That every Constable Tâ—thiugman or chief pledge of every Towne being required shall be assistant to such owner or seller upon paine to yeeld unto the party grieved the value of the things and double dâ—mmages 20. Her 6. ca. 8. Huy and Cry TO abate the power of Felons it was commanded that Cryes shall be solemnly made in all Counties Hundreds markets faires and other places of great resort and that immediately upon robberies and felonies committed fresh suite be made from Towne to Towne and from Countrey to Countrey according to the Statute of Winton 13. Edw. 1. ca. 1. In this service the Constables and Tethingmen have speciall interest and their contempt or negligence here inquirable Outcries made without cause BVt if any Huy and Cry be levied or any out-cry made without any ground or cause to the disturbance of the Countrey and the peace of the people inquirable Watch and ward ALso the Constables ought to see that the peace be kept and watch and ward observed from Assension day till Michaelmas continually all night from the Sun setting till the Sun rising according to the number of the inhabitants of the towne 13 Ed. 1. c. 4. And that search be duely made every moneth for unlawfull games That the Statutes made against haunters of Alehouses and Drunkards bee duely put in execution If the Constables have beene remisse and delinquent in these or any other things touching any part or branch of his oath and office It is presentable All Officers Defaults ANd so all other Officers whatsoever which owe any suite and service to this ancient Court as Tethingmen or chiefe pledges Surveyers of highwayes Searchers and Sealers of Leather and such others according to the Customes and Iurisdictions of severall Courts The profit of the King or Lord of the Leet CErtum Letae In most Leets there is a duety or common fine called in some place Certum Letae payable to the Lord. The reason and Commencement of it is before declared If that or any custome or duâ—tie be withdrawn it is presentable Mortmaine TO preserve the services due of the Fees and tenures of Lands 7 Ed. 1. which at the beginning were provided for the defence of the Realme and to prevent the losse of the escheats of the same It is ordained that no person religious or other shall presume to buy or sell any lands or Tenements Or by colour of any gift or terme or by reason of any other title whatsoever or by any craft or engin appropre to himselfe any lands or Tenements whereby it may in any wise come into Mortmaine If any doe offend it shall be lawfull to the King and other chiefe Lords of the fee immediate to enter into the Land so aliened within a yeare from the time of such alienation and to hold it in fee and as inheritance and if the chiefe Lord immediate be negligent then the next chiefe Lord may enter within halfe a yeare after c. Treasure Trove IF there bee any Treasur-trove viz. treasure put into the earth and no man knowes who hath hidden it it belongs either to the King or the Lord according to the ancient rule of the Law Thesaurus inventus competit Domino Regi et non Domino libertatis nisi per verba specialia in facto libertatis contenta vel per praescriptionem antiquitus fuit inventoris de jure naturali nunc de jure gentium efficitur Domini Regis Estreyes ALL Estreyes are here inquirable that is If there be any Horses Piggs Hogs Cattell or Swans which have come within the Lordship and beene there a yeare and a day and not claimed the Lord may have them by prescription But such beast ought first to be impounded in an open pound proclaimed in three Market townes next adjoyning and then if none claime them they shall be seised and ought to bee put into some severall land and not into any covert or wood where the owner cannot finde them For if they be in covert the propertie is not altered though they be there a yeare and a day Wayfes CAtalla Waviata when a theefe upon huy and cry and pursuite
after him or else for ease of himselfe without huy and cry doth wave or derelinquish therefore called by the Civilians bonaderelicta the goods feloniously stoine by him or any part thereof and slyeth away the King or the Lord is to have it unlesse the owner of them doe make fresh suite after the Felon to attaint him for thoâ— goods which if he doth hee shall have his goods againe notwithstanding the wayving and seizing â—ot note if Goods be stoine and wayved yet the owner may rescise them 20 yeares after if they were not formerly seised by an officer of the King or the Lord of the liberty Fugam fecit IF any upon Indictment of murder before the Coroner be found quod sugam fecit or if any be indicted of Felonic and acquitted and found that he sled he forfeits his goods to the King and the Lord may claime them by Charter but not by prescription The old law Si quis post fugam redierit inno centiam suam purgaverit nihilominus facultates suae apâ—d fiscum remanebunt Exigent IF Exigent bee awarded against one Indicted in Felony he forfeiteth his goods though he be after acquitted of the Felonie the King shall have his goods and the Lord by Charter but not prescription Outlawes ALL persons outlawed in trespasse debt or other personall actions doe forfeit their goods to the King and the Lord may have them by Charter Cleri Convicti ALL Clerks convict men that have the benefit of their Clergie and doe undergo the burning in the hand called by the common law Cauterization doe forfeit their goods notwithstanding By-Lawes ANy By-lawes for the common weale may be made in a Leer and are good and will lye against those that do not consent as to make Cawseyes Highwayes Bridges and such like 44 Ed. 3. so 19. But a By-law to repair a Church binds none but such as do assent vid. Co. 5. f. 63. A Leer may make by-lawes the Lord by prescription may distreyne for the Amerciaments and sell the distresse For the King may so doe and the Leet is the Kings although the Lord hath the profits Brooke Leet 34. Prescription 40. The Statute for view of Franck-pledge made the eighteene yeere of King Edward the Second FIrst you shall say unto us by the oath that you have made if all the Iurors that owe suite to this Court be come and which not And if all the chiefe pledges or their dosens bee come as they ought to come and which not And if all the dosens be in the assize of our Lord the King and which not and who received them And if there be any of the Kings villaines fugative dwelling otherwhere than in the Kings demeanes and of such as be within the Kings demeans and have not .hiden a yeare and a day And if there be any of the Lords villaines in Frankpledge otherwhere than in this Court Of customes and services due to this Court withdrawn how and by whom and in what Baylifes time Of Purprestures made in Lands and Waters to annoyance Of Walles Houses Dikes and Hedges set up or beaten downe to annoyance Of Bounds withdrawne and taken away Of Wayes and Paths opened or stopped Of Waters turned or stopped or brought from their right course Of breakers of Houses and of their receivers Of Petie Larens as of Geese Hens or Sheafes Of I heeves that steale cleathes or of Theevs that doe pilfer cloathes through windows and walls Of such as goe on message for theeves Of Cryes levied and not pursued Of Bloodshed and if frayes made Of escapes of Theeves or Felons Of persons outlawed returned not having the Kings warrant Of Women ravished not presented before the Coroners Of clippers and forgers of Atoney Of Treasure found Of the Assize of Bread and Aleâ—roken Of false measures and of Bushels Gallons Yards and Ells. Of false Ballances and Weights Of such as have double measure and buy by the great and sell by the lesse Of such as continually haunt Tavernes and no man knoweth whereon they doe live Of such as sleepe by day and watch by night and fare well and have nothing Of Cloth-sellers and Curriers of Leather dwelling out of Merchant townes Of such as take Church or Churchyard and after depart without doing that which belongeth thereâ—ntâ— Of persons imprisoned and after let goe without maineprise Of such as take Doves in Winter by doorefals or engins And of all these things you shall doe us to wit by the oath that you have taken A note of the Statutes which are repealed altered or expired since the time wherein M. Kitchin wrote which I thought fit to set down in regard many of them I have observed are frequently given in charge till this time The Statute of Cordweyners 5 Eliz. ca. 8. Repealed 1 Iacob 22. The Statute of Crow-nets for the destruction of Crowes Rookes and Choughes 24 Hen. 8.10 Expired 8 Eliz. 15. The Statute of Hats and Caps 13 Eliz. ca. 19. Expired 39 Eliz. 18. The Statute against Riots 1 Ma. ca. 12. continued 1 Eliz. 16. during the Queens life untill the end of the next Parl ament following Expired yet Riots are in juirable as an offence at the Common Law The Statute of Wynes 7 Ed. 6. ca. 5. Repealed in part 1 Iac. 25. as is before declared The Statute touching Horsbread 31 H. 8.41 Repealed by 22 Iac. Reg. 21. The Statute of Apparell made 24. H 8. ca. 13. Repealed 1 Iac. 25. The Oath of a Constable set forth by M. Kitchen with the additions mentioned in the Statute of 21 Ja. which oath containes a short Epitome of the dâ—tie and office of Constables YOu shall sweare that you shâ—ll well and truly serve our Soveraigne Lord the King in the office of Constable for this yeare now to come you shall see that his Majesties peace be well and truly kept according to your power and you shall arrest all those whom you shall find committing riots debates or affrayes to the breach of the peace you shall endeavour your self according to your knowledge that the Statute of Winton For watch huy and cry and the Statutes made for the punishment of sturdy Beggers Vagabonds Rogâ—â—s and other idle persons comming within your libertiâ— be duely put in execution and that the offenders be duely punished you shall also upon complaint made unto you apprehend all Barrertois and Riotous persons and all Felons and if any of them doe make resistance with force and mâ—ltitude of Malefactors you shall make outcrie and parsue them untill they be taken And you shall looke and search after such persons as use unlawfull games and you shall have regard unto the maintenance of Artillerie And you shall well and truly execute all such proces and precepts as shall be directed unto you from his Majesties Iustices of peace of the Countie or any his Highnesse Iudges Iustices or Officers whatsoever and you shall well and truly present all bloodsheds outcries affraies and rescues happening or
committed within your libertie you shall also present all offenders and offerces against the Statute made in the fourth year of our late Soveraigne Lord King Iames intituled an Act to represse the odious and lothsome sin of drunkennesse and also against the Statute in the first Session of Parliament in the first yeare of his late Majesties raigne intituled an Act to restraine the inordinate haunting and tipling in Innes and Alehouses and other victualling houses with the alterations and additions contained in the said Act of the fourth yeare according to the alterations and additions of the Statute made in the 21. yeare of his said late Majesties raigne intituled an Act for the better repressing of drunkennesse and restraining the inordinate haunting of Inns and Alehouses and other victualling houses And lastly you shall well and truly doe and execute all those and such other things as are incident and doe belong unto your office of Constable for this yeare now to come So help you God FINIS AN EXPLANATION OF The old Oath OF LEGEANCE CONSISTING Of these foure generall Heads 1 What Legeance Ligeantia or Fides is 2 The extent of it by this ancient Oath and the severall parts and branches of the Oath 3 The Modus Reddendi of aids and supplyes to the KING 4 The Royall Office of the KING in the protection of his people confirmed at his Coronation Together with their severall Subdivisions at large LONDON Printed by Richard Badger 1641. AN EXPLANATION OF THE ANCIENT OATH OF LEGEANCE AN Oath is an attestation or calling God to witnesse of the truth touching those things which we say affirme and promise to do upon the holy Evangelists and before a lawfull Magistrate authorized to take such an Oath and that is a legall Oath There are two sorts of Legall Oaths used and practised within this Realme viz. Iuramentum consuctudinarium warranted by the custome of the Realm which is no more than the Common Law 2 Iuramentum Parliamentarium an Oath created and enacted by all the three States as the Oath of Supremacie prescribed 1 Eliz. cap. 1. and the Oath of Allegeance 3 Iacob 4. And no Oath can be imposed upon the Subject but what is enabled by the usage of the Common Law or by an Act of Parliament This ancient Oath was in time very long before the great Charter as in the former tract is remonstrated And bath beene confirmed from time to time in and by Magna Charta So that it hath 〈◊〉 power and vigor both from the common and commitâ—â—â— lawes of this Kingdome The Oath though once before mentioned doth follow viz. Heare yee that I. N. do sweare that from this day forward I will be true and faithfull to our Soveraign Lord the King and his heires and truth and faith beare of life and member and terrene honour And I will neither know nor heare of any ill or dammage intended unto him that I will not defend So help me God This Oath containes a reall protestation of every Subjects dutie to his Soveraigne and expresly declares what Subjection and Obedience ought to be expected from them and implicitely the office of the King towards his people which is protection for it is truly said That protectio trahit subjectionem subjectio protectionem It is cleare that the generall obligation of subjection and duties from the people and the power and prerogatives royall in the Prince are included in the law of God and are part of the Law of Nature whereto all Nations have consented which if I should Illustrate as well I might by innumerable testimonies presidents and examples aswell out of sacred Scriptures and Fathers as out of Heathen Writers Historians and others it would fill up a larger volumne than this Subject would require I am onely to deale with that subjective faith and Legeance which by the provinciall Lawes of this land which are Generalis consuetudo Regni Anglicae is naturally and legally jure haereditario due to the person and royaltie of his sacred Majestie This Legeance is derived to him from Lex aeterna the Morall Law called also the Law of nature part whereof the Law of England is being first written in Tabulis rectae rationis in the heart of man and the people by that Law governed two thousand yeares before it was published and written by Moses and before any judiciall or municipall lawes For the better informing of the vulgar sort of people herein for whom it is most convenient I shall assay to present to the well affected reader some collections to that end whereof I shall as the matter will beare endeavour an orderly prosecution 1 First a generall proposition what Legeance ligeantia or fides is 2 Secondly the extent of it by this ancient Oath and the severall parts and branches of this Oath 3 The Modus reddendi of aides and supplyes 4 The Royall office of the King ad protectionem for the protection of his people sacramentally confirmed at his Coronation 1 Legeance is a true and faithfull obedience of the Subject due to the Soveraigne this Legeance and obedience is a due inseparable from the Subject and is called ligeantia naturalis for as soone as he is borne he oweth by birthright Legeance and obedience to his Soveraigne Ligeantia est vinculum fidei the bond or obligation of faith and loyaltie Master Skency De verborum significatione verbo ligeantia saith That it is derived from the Italian word liga viz. a bond league or obligation As a great Lord Chancellor in the case of postnati said That ligeantia understood sensu currenti in the language of the time is vincusum fidei obedientiae the tye or bond of faith and obedience And he that is borne in any of the Kings dominions and under the Kings obedience is the Kings leige Subject and borne ad fidem Regis That is being the proper word used in the Law of England to be faithfull to the King It extendeth further in all cases of denization which is called ligeantia acquisita where any alien or stranger borne out of the Kings Dominions doth afterwards by any common grant of the King any Act of Parliament or other waies or meanes obtaine the freedome of a Subject within this Land Sometimes the extention of this word is yet larger for he that is an alien born out of the Kings Dominions ad fidem or under the obedience of another King if he dwell within the Kingdome and be protected by the King and his lawes hee is under the Kings Legeance ligatus Regiâ— and the reason is plaine For if to such a person any injury is done either in life member or estate the Law taketh as severe an accompt and inflicteth as severe a punishment upon the offenders in such cases as if the partie injured had beene subditus natus borne within his Majesties dominions Then great reason that such persons having the benefit of naturall borne subjects which is protection from suffering
and without limit from this day forward 2 The terminus a quo you every subject whom the Law injoynes to take this oath 3 The qualities or properties required that is to be true and faithfull 4 Terminus ad quem to whom To our Soveraigne Lord the King and his heires 5 In what manner And faith and truth shall beare of life and member That is as in Calvins case untill the letting out of the last drop of our dearest heart blood And I must adde what is there omitted And terrene honour That is the uttermost of our estate and livelihood 6 The circumstance of place where these duties of Legeance concerning our lives and estate ought to be performed it must bee in all plaees whatsoever without any circumscription for you shall neither know nor heare of any ill or dammage c. that you shall not defend The parts of this oath for the better instruction of the common people I shall summe up in this one proposition which I will presume briefly and succinctly to handle Every subject must be true and faithfull to the King and his heires to the uttermost of his life and fortune or estate 1 The King hath a double capacitie in him one a naturall bodie being descended of the blood Royall of the Realme which is subject to death infirmitie and such like 2 The other is a politike bodie or capacitie so called because it is established by the policie of man and in this capacitie the King is esteemed to be immortall invisible not subject to death infirmitie infancie non-age c. This Legeance is due to the naturall person of the King which is ever accompanied with the politike capacitie that is the Crowne and Kingdome And is not due to the politike capacitie only distinct from his naturall as by divers reasons in Calvins case is at large recited and resolved For if that distinction might take place then would the faith legeance and obedience of every subject due to his Soveraigne be appropriated regimini non regenti to the government of a Kingdome not to him that ruleth or governeth In the time of Edward the second at a Parliament holden at Yorke Hugh la Spencer the sonne being nominated and appointed to serve the King in the office of Chamberlein did draw unto his adherence Hugh Spencer his father and they both usurping upon the Kings Royall power and compassing about to have the sole government of the land to themselves did traiterously contrive a declaratorie writing which they would have compelled the King to signe purporting amongst other mischievous positions That homage and oath of Legeance was more by reason of the Kings crown that is his politike capacitie than by reason of the person of the King whence they inferred these damnable and detestable consequents 1 If the King did not demsne himselfe by reason in the right of his Crowne his leiges were bound by oath to remove him 2 That sithence the King could not be reformed by suite of Law that ought to be done per aspertee by asperitie of Compulsion 3 That his leiges be bound to governe in aide of him and in default of him All which execrable opinions were condemned by two Acts of Parliament one in the 14. yeare of the raigne of the same king Edward the second called Exilinm Hugonis le Despensor patris filiâ— the other An. 1. Ed. 3. cap. 1. which confirmed the banishment of these Spensers Legeance then by law of nature before any judiciall or municipall lawes were recorded or reported is due to the sacred person of the king alone immediately and without any intervallum or moment of time and before the solemnitie of his Coronation and so must remain to him and his heires and entirely without any partnership with him or any intermission in default of him emnimode by all wayes and meanes It is due to his naturall person accompanied with his politike capacitis indistinctly without any partition or separation and this oath is a politicall confirmation of that Legeance It is due to him as he is mixta persona anointed by the hand of the priest as he is supreme head under Christ in all causes and oveâ— all persons aswell Ecclesiasticall as Civill The qualities prescribed by this oath are naturally incident to Legeance veritie and fidelitie to be true and faithfull and they compâ—ehend what before is spoken of faith obedience and subjection faith unto his person obedience to his lawes Subjection to his government or all to all faith subjection and obedience to his person laws and government By the ancient lawes of this Realm this kingdome of England is an absolute Empire and Monarchie consisting of one head which is the king and of a bodie politike which is the common wealth compact and compounded of many and almost infinite severall members all which the law divideth into severall parts the Clergie and the Laietie this Legeance requires a due observancie of all the Morall lawes contained in both Tables of the Decalogue To obey our king in the true and sincere worship of God according to the canonicall discipline of the Church ratified by his regall authoritie To obey him in abandoning all apostasie from Christianitie heresies schisms factions fond and fantastike opinions repugnant to the Orthodox doctrin of the Church To obey him in acknowledging a supremacie in him and a subordinate superiority in his Ministers and Magistrates over his people To obey him in all the rights of distributive and commutative justice in doing good as works of mercy charitie and pietie and eschewing evill that is all sorts of felonies fraud force deceit and all offences whatsoever which derogate from or deprave the peace and government of the Realm The performance of these duties makes a true and faithfull subject The latitude and extent of this veritie and fidelitie from the subject to the Soveraign is twofold The extent this oath first of life and member secondly of terrene honour wherein the prerogative of the king is considerable generally according to the speciall law of nature called by some jus Gentium and stiled by our common law lex rationis the law of reason and more specially according to the municipall lawes and customes of this kingdome The King is pater patria and every subject is bound by the law of nature to hazzard and adventure both life and member for the safetie of the King and Countrey either against privie and traiterous conspiracies civill mutinies and dissentions or hostile Invasions or injust warres or in the execution of legall acts of justice The Poet could say Dulci est pro patria mori a sweet thing it is to die for our Countrey and as sweet a thing it is to die pro patre patria for the father of our Countrey for indeed both come to one There may bee many causes of warre which when they are discussed and resolved by the King and State the justnesse of them is not to be disputed by
in man it renders man glorious in preheminence above and in Dominion over all other Creatures In the participation of its faculties it makes one man more excellent and eminent than another Liberty is a word of generality excensive and appropriative to all Common weal â—hs Secundum modum and so to bee used and squared according to the generall law of Nâ—tions And it is defined by Bracton thus Bract. l. 1. c. 6. Num. 2. Est autem libertas naturalis facultas cjus quod cuique facere libet nâ—si quod jure aut vi prohibetur It is a naturall facultie of every man to doe whatsoever hee pleaseth but what he is prohibited by Law or Armes Freedome saith Fortescue is graffed in mans Nature by God whereof if a man be deprived he is ever desirous to recover the same againe as all other things doe that are spoyled of their naturall liberty But more particularly there is a Nationall Liberty which must be regulated by its owne peculiar and prescript Lawes Let us instance our owne British or English Nation wherein we injoy a twofold liberty the one Evangelicall or Christian which is our Religion the other Civill or Politicall our estates and lively-hood This Liberty is no so free of it selfe nor so large in its extent but that it must be confined under the wardship of the Law Lex igitur sit custos Libertatis Law the Guardian of liberty que summis insimis aequa reddat praescribat jura Nilcontra leges committatur quod impunè fiat in alâ—enam dignitatem fortunas vitam denique nemo temere invadat Quod quis habet illud se habere existimet Let the Law be the Guardian of Liberty which may render and administer equall right both to high and low Let no man transgresse the Law with impunity nor rashly assaile another mans estimation life nor lively-hood And every man know himselfe to be owner of what he hath This last species is a most reall property of true liberty and a great happinesse indeed both to KING and People that the people may know what they have of their owne to render to the King for his timely supplies And the King be â—ssured of their ablenesse and readinesse with theâ—â— uttermost meanes to support his great and weighty office of Protection A man may behold the embleme of true lâ—bertie in Iacobs Ladder Angels ascending and descending Angels of Legeance and Obedience ascending to the Throne of Majesty Angels of Peace Grace and Protect on descending from the Soveraigne to the Subject O quam eximâ—um drvinum libertas est bonum quod omne vivens expetit sine quo nihil jucundum nihil suave nihil â—harum cuiquam esse possit Ac ne ipsa quidem vita vitalisâ—â—se videatur pro qua nemo unquam bonus mori dubitavit Oh what most excellent and divine good is Liberty which every living creature desires and affects without which nothing can bee pleasing nothing comfortable nothing can be deare to any man Nay life it selfe will seeme to be no life And for support of this liberty what good man would grudge to die It is the Mother and Nurse of all resplendent vertues the Mistris of all liberall Arts and Sciences the beauty of Peace and the Theater of Iustice This makes the King splendently radious at home and formidable abroad He that will behold liberty in its true lustre must cast his eye upon its opposite A base asinary servitude and servile subjection But what sort of servitude I now mean may be a question There are diverse severall sorts of Servitude Three sorts of Servitude There is 1 Servitus creata constituted by the Law of Nations whereby a man becomes subject to another mans power and dominion contrary to nature and is called so a servando non a serviendo from their safety not from their service For in ancient times Princes were wont to sell their Captives who were subdued by Warres thereby to save and not slay them 2. Servitus Nata which was a bondage or service introduced in this kingdome in all probabilitie from the Law of Nations and so by Native propagation they were called Nativi and Nativae and their service grew to bee a tenure in Villenage which was incertaine and indeterminate they were bound to do whatsoever they were commanded by their Lord and did not know over night what they should doe in the morning yet this servitude was legall because warranted by the Lawes of the Land They were under the protection of the King whosoever killed any such person was to undergoe the same judgement as if hee killed a Free-man Neither of these are within the Scope of any of my intentions but a far worse 1. Servitus libâ—ris imposita or libert as in servitutem redacta a bondage imposed upon Freemen or liberty reduced to slavery which whosoever shall attempt to effect doe as much as in them lye compasse the subversion of the lawes of Nature the Lawes of God the fundamentall Lawes of the Land the incomparable glory of the King and the welfare of the people Liberty saith Bracton is evacuatio servitutis an emptying out or voyding of servitude Et contrario modo sâ—se respiciunt ideo simul non morantur There is such an antipathy betweene them that they never abide together Arbustum geminos non capit Erythacos Where such servitude hath its residence in what Nation soever there is no Iustice no perfect vertue no Valour no Arts no Sciences no Doctrine no Discipline no Law no property Ibi homines ipsi saith one dimidium animi perdunt their lives and Conditions are irkesome to themselves unusefull and unprofitable for any service and most inglorious to their Prince of this more in another place I proceed in the matter of Protection Master Bracton describes three things which the KING upon at his Oath his Coronation ought to promise to his people under his subjection 1. Imprimis se esse praecepturum pro viribus opem impensurum ut Ecclesiae Dei omni populo Christiano vera pax omni suo tempore observetur Hee shall command and to his uttermost indeavour that true peace may bee at all times observed to the Church of God and all Christian people 2. Secundo ut rapacitates omnes iniquitates omnibus gradtbus interdicat That he should by all meanes straitly prohibite or restraine all extortions or oppressions greavances and all injustice whatsoever 3. Tertio ut in omnibus judiciis aequitatem praecipiat misericordiam ut indulgeat ci suam misericordiam Deus ut per justitiam suam firma gaudeant pace universi That in all judgements He doe prescâ—â—be and injoyne the execution of Iustice or right and reason and of Mercy That our mercifull and gracious God may have mercy on him And that by his Iustice all men may injoy a constant Peace Our late times as by an old Magna Charta Printed