afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall noâ— be felled until they bear ten inches squarâ— within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convertinto tillage or pasture any Underwood or Copâ—ce containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s. for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set our a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to tâ—e same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it is felled the Owner of such Cattel shal forfeit for every such Beast 4 d. if the Owner of any such Copice or Wood cut down any Trees or Underwoods there contrary to the form aforesaid he shall forfeit for every tree so cut down 6 s. 8 d. All these forfeitures are to be equally divided between the King and any one that will sue for the same in any Court of Record c. Vpholsters None shall make to sell or offer to be sold any Feather-Bed Bolster or Pillow except the same be stuffed with dry-pulled Feathers or clean Down only without mingling of scalded Feathers fenne-Down Thistle-Down Sand Lyme Gravel or other unlawful corrupt stuff on pain to forfeit the same so offered to be sold or the value thereof Likewise none shall make to sell or offer to be sold any Quilt Mattress or Cushions stuffed with any mingled stuff other then Feathers Wool or Flocks alone on pain to forfeit the same so put to sale or the value All which forfeitures are equally to be divided between he King and any person that will sue for the same Brokers Vsurers and Extortioners Three Birds of a Feather not a pin to chuse these are destructive Locusts that live by the sweat of other mens brows the most wicked of all people abhorrent and against the Laws of God and Nature for usurae legitimae sunt illicitae nay nulla usura legitima est those usuries which our Politick Laws allow though they may be said to be lawful usuries and the most legitimate quoad nostram legem yet they are illegitimate and all unlawful secundum legem Dei Those most wretched people the Jews having received from God a most express Command not to oppress their brethren with Usury they practise no vice more and have spread their grangrene throughout almost all Nations whither Gods judgments have scattered them but especially to the great shame of Christians have in this respect found most imitation in England And notwithstanding the prudency and vigilant care of our Supreme Governors to cut off the Hydrean heads of these Serpents they carry their poyson so subtilly as to destroy whole families under the pretended coverture of innocency in the eye of the Law but yet certainly their skins may be pulled off and their wickedness appear if duly looked after I shall therefore first begin with the Brokers who lend money upon pledge or pawn as they call it that is seldom exceeding the quarter or a little more of the value of the thing so laid in pledge shall be the sum of money so lent and under this notion the Brokers shops are the harbors and receptacles of thieves for they receive like hell all that comes not caring whether the bringers be the right Owners or not so there appear a visage of gain and though the right Owner finde his own Goods in their possession yet they under pretence of the alteration of property will not deliver them But let them know that the sale of Goods wrongfully gotten to any Broker in London Westminster Southwark or within two miles of London shall not alter the property theâ—eof And if any Broker having received any such Goods shall not upon the request of the true Owner truly discover them how and when he came by them and to whom they are conveyed he shall forfeit the double value thereof to the Owner of the said Goods Stat. 1 Jac. 21. But thâ—s is not all for by an Act of the Jate Sessions of Parliament holden at Westminster in the County of Midd. Anno 1651 it is enacted and ordained That no person or persons shall directly or indirectly or by any craft or colour whatsoever take above 6 l. for the loane or interest of 100 l. for a yeer or over and above that rate for a greater or a lesser sum shall forfeit the treble value of the money or goods so lent to be divided between the Protector any party that will sue for the same in any Court of Record by Indictment Action of Debâ— Bill Plant or Information And if any Scrivener or Broker shall take any more then 5 s. for the procuring of 100 l. for a year or according to that rate for a greater or lesser sum shall forfeit 20 l. and the Pâ—llory Nevertheles so cunningly do these brokers and Usurers carry their designs that viis modis they take at first peny after the rate of 30 l. per annum per cent and as they handle the business they make it amount to above 60 l. per annum per cent besides the trade of those that let money at 2 s. in the pound deducted for twenty weeks and have their money also paid weekly Well therefore were it to be wished and is much to be desired that these offences were duely prosecuted and this enormous vice corrrected so much conducing to the good of the Common-wealth and well-being of all people in general who must earn their bread before they eat it Several other kinds of Extortion there are especially in Bayliffs under-Sheriffs Goalers Sergeants and such-like which I shall omit here and leave them till another opportunity because their corruption will fill up whole volumes unless I be prevented by their being reduced by the diligent hand of Justice as I hope shortly they will FINIS
Joynture B. brings a writ of entry which is returned they marry B. recovers and enters this is a joynture after marriage I. S. leaseth to two for yeers rendring rent and grants the reversion to husband and wife for their lives for a joynture one attorneth before marriage and the other after marriage this is a good joynture before marriage I. S. enfeoffeth I. D. to the use of himself until he marry and after that he marrieth then to the use of her that shall be his wife for her for a joynture this is a joynture after marriage I. S. grants land to a feme for ten years and if he after marry her then she shall have it for her life for a joynture they marry this is a joynture before marriage I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives they intermarry the deed is inrolled this is a joynture before marriage After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D for her joynture the concord is acknowledged before the chief Justice they marry and after a writ of Covenant is brought and a fyne leavied this is a joynture after marriage I. S. and A. marry before yeers of consent land is given to them for their lives at the yeers of consent they agree this is a joynture after marriage I. S. makes a deed of feoffment to A. with a letter of Attorney which â—eofment A. doth express to be to the use of himself and her who shal be his wife for their lives for a joynture they marry the Attorney maketh livery this is a joynture after marriage I. S. diseiseth one to the use of A. and B. whom he intends shall marry for a joynture A. and B. enter and after the diseise releaseth to the wife for her joynture this is a joynture after marriage Land is given to A B. and her who shall be his wife for a joynture they marry the wife enters this is a joynture in the moyety which she shall have by survivor and before marriage A deviseth that his Executor shall give the Mannor of D. to J. S. and A. D. who shall be his wife for their lives they intermarry the Executor grants the Mannor accordingly This is a joynture before marriage Some Cases resolved touching forceable Entries by the Statute of 8 H. 6. c. 9. The turbulency of some troublesome Spirits oftentimes cause great mischief in this case who have the Law in their own hands and altogether be their own carvers in laying hold on violently whatsoever they imagine their own not regarding the mark or touchstone whereby it should be proved from whence arise tumults affrays riots assaults mayhems man slaughters and murder it self for preventien of which evil the Statute of 8 H. 6. hath provided remedies and given power to the Justices of Peace to suppress such mi demeanors and because the Country people are much infested with this maligne disease for whose instruction this Treatise is chiefly intended I shall here give them some ' Directions in this Case What is a forceable entry and what is a forceable detaining and what not If two persons or more being armed or having weapons in their hands enter the house of another to have possession thereof and thereupon the party in the house parts a far off without any further violence offered him this is a forceable entry If two men or more armed c enter the house of another the door being open not declaring their intent and remain in quiet notwithstanding the Tenants without using violence this is not a forceable entry But if two or more enter the house of another in peaceable manner and after with fore and violence against the will of the party in possession put him out of possession this is a forceable entry If a single person break the house or window of another and enter in against his will and thereupon he threatens the party in possession insomuch that for fear he forsakes the house this is a forceable entry If a forceable entry be made into the house of another to fight with the party there dwelling and he for fear departs out of the house and his enemies also this is not a forceable entry If a man make a lease for life and after grant the reversion to the same lessee upon condition which is broken on the part of the lessee and thereupon the lessor enters with force to gain the possession of the land this is a forceable entry But if the lessor enter with force to seâ— if waste be made by the lessee this is not a forceable entry A Lord distrain for rent with force though none be arear this is not a forceable entry If any be fighting in a house the door shut and others enter and break it to see the peace kept this not a forceable entry If two persons are fighting in the street and one wound the other so that he is in danger of death and flee into a house and shut the doors after him and others there present pursue him and break the house to take him tâ—is is not a forceable entry But if no such danger of his life be then they cannot break the house to take him although it be done upon fresh suite but if the door be open they may enter and take him If the Justices of peace upon complaint made come to the place where the force was and find the door shut and within the house there is but one sole person who will not open the door suffer the Justices to come in this is a detaining with force If the Justices come to the place where the force was and find some persons in arms or their weapons lying by them in the house this is a detainder with force If a man hath two houses neer adjoyning the one by a good title the other by a defeazible title he keeps a force in the first house to beat them who would enter into the house by a defeazible title this is a detaining of force within If a man claim common in any Land and the Land is detained with force when he would use his common or distrain for his Rent this is a detaining with force If a man hear that certain fellows will come to his house to kill beat or rob him whereupon he assembles a force to assist him in his defence this is no detaining with force If a man hath rent issuing out of the land of another which land is detained with force when he would distrain for his rent arear he who is so disturbed of this rent is no party grieved to complain by the Statute before recited If after the death of the father a stranger enters by abatement into the land and holdeth with force the son is not a party grieved If a man be seized of land
which if any be enter them in the Court-Roll and afterwards proceed to impanneâ— and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insert the method thereof thus The form of the Oath to the Fore man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistraâ—e as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all â—hings you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishâ—ble there and the other such offeâ—ces as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmities so also is the Politick and must be purged the one by the Physitian the other by the Magistrate As in the natural body some diseases are mortal striking at the head thereof some cannot be cured but by Blood-letting others so malignantly Gangreous as the whole member must be cut off to preserve the sound part so in the body Politick there are some mortal diseases striking at the head as Treasons and Petty-treasons as shall now be declared some deadly wounding the members as Murders Manslaughters c. some gangrenging as Robberies Fâ—lonios Buâ—glaries and the like as follow Orderly then to escape confusion we shal declare what offences are here at this Court-Leet enquirable and presentable and not here punishable but are by the Steward to be certified to the next Assize or Sessions of the County and then what offences are here to be presented punished and determined The first of all presentable here are High-treasons and Petty-treasons which are diseases striking at the head and thereby if effected to destroy the whole body Presentment therfore is here to be made of all High and Petty Treasons which together with some other crimes incurable but by taking off the peccant member are to be set down in writing intended one part whereof is to remain with the Steward and the other with the Jury and is to be delivered to the Justices of Assize at the next general goal delivery holden for the County Stamford Pl. Coron lib. 2. cap. 24 and Lambert Justice of Peace lib. 4. cap. 6. The Jury therefore is to enquire of all High-treasons that is if any do compass imagine intend or go about to procure the death of the Lord Protector and do declare the same by word writing or any open act or shall go about to make war against the said Lord Protector and this Commonwealth or shall adhere to or hold intelligence with any of the Enemies of this Commonwealth This is High-treason If any person shall counterfeit clip file wash or otherwise counterfeit or falsifie any of the Coyn or Money of this Commonwealth or the Coyn of any other Nation which is currant in this Common-wealth this is High-treason and enquirable here If any shall counterfeit the Privy Seal Signet or Signe Manual of the Lord Protector the great Seal of England or any of the mean Seals of the Common Pleas Upper Bench or Exchequer These are High-treasons and to be enquired of here as Felonies Petty-treasons are if any man kill his Master or Mistress or a woman her husband this is to be enquired of here as Felony In the next place follows an unnatural wicked Crime to be enquired of and that is Murder If any one shall out of malice prepensed or fore-thought kill another this is wilful Murther Man-slaughter is also a species of Murder and here to be enquired of which is if two persons fall out suddenly without any prepensed malice and fight and the one kill the other the Defendant in this case shall have the book for his life but loseth his goods as in the case of Murder so shall also the Defendant lose his goods which kills another se defendendo or in his own defence and the same Law is if it be per infortunium by mis-fortune and this is here to be enquired of as Bloodshed Rape is also here to be enquired of that is if any man lie with or carnally know any woman forcibly against her will if she exceed the age of ten years although she consent afterwards this is Felony by the Statute 22 Edw. 4. And if there be any ayders or assisters therin they are also adjudged Ravishers as well as he that committed the act Carnally to know any woman child under the age of ten years though she do consent it is Felony But in Rape there must be Rem in re penetration as well as emissiô seminis otherwise it is no Felony A Jury ought to be very Carefull herein and not find a bill upon any Sluts oath Adultery is also to be enpuired of as Felony If any man carnally know anothers wife and it be proved either by confession or two witnesses it is Felony but the confession of one party is no evidence against the other nor a husband against his wife nor a wife against her husband The horrendum peccatum non nominandum of man with man or with beast is also Felony Defacing of a mans Physiognomy as cutting off his nose putting out of eyes or cutting out of a mans tongue is Felony Robbery is also here to be enquired of that is if any one take any thing from the person of another violently though it be but the value of a penny it is Felony
Merchant is to be publickly whipt Another penalty by the Statute of 3 Car. is three days Imprisonment without Bayl and for Mainprize and afterwards until he shall put in sufficient security not to Victual any more without License Also if any Alehouse-keeper litensed or unlicensed shall sell Beer or Ale in unsealed Measures aâ— Cans stone-Juggs black Pots or the like or in any other unsealed Measures or shall sell less then a full Ale-quart of the best Ale or Beer for a peny or take above a peny for a full sealed quarr he forfeits for every such offence 20 s. one third part thereof to the prosecutor and two parts to the poor of the Parish Honest then might well employ themselves to punish these Offenders and doing it impartially without respect of persons may do much good to the Common-wealth preventing these fellows from growing from bad to worse by putting their ill-gotten gains to Usury maugre their calling of them Promoting knaves And I doubt not but I shall have such prayers as the Chaplains of their Calling nse for my pains If any Al-house keeper shall suffer any persons to sit tipling in his house above the space of an hour he forfeits Ten shillings and the Tiplers Ten groats a piece If any Alehouse-keeper suffer any one to be drunk in his house the Drunkard forfeits 5 s. the Alehouse-keeper 10 s. Every Alehouse-keeper is to keep at least one lodging-bed in his house for the entertainment of Arangers that is the intent of Alehouses Neither is the Alehouse-keeper to take any goods to pawn of strangers or wayfaring men nor to entertain any suspicious persons but to give notice thereof to the Constable or next Justice of peace Fore-stallers Regrators and Ingrossors are here also to be presented or informed against If any one shall buy corn upon the ground or other dead victuals with an intent to sell it again out of any Fayr or Market he forfeits the value of the goods so bought and two months imprisonment of his body without Bayl or Mainprize There is also an Act of Parhament lately made concerning Corn and Meal That if any person shall sell or put to sale any Meal or Flour in his house or shop or otherwise then in the open publike Market be forfeits the treble value of the Meal or Flour so sold one half of which forfeitures go to the poor of the Parish where the offence is committed the other half to any one that will sue for the same in any Court of Record by Information Indictment or Action of Debt c. And moreover the Meal-man is to suffer imprisonment of his body the space of one month without Bayl or Mainprize If any one shall sell wine without License he forfeits five pounds a day for every such offence one half to the Protector the other half to the Prosetutor If any one shall use any Art Mystery or Manual Occupation having not been brought up Apprentice thereunto by the space of seven years he forfeits fourty shillings a month for every month he shall so use it one half of the Forfeiture to the Protector the other to the Prosecutor If any person of the age of sixteen years or more shall wilfully absent himself from his Parish-Church and shall not repair thereunto or som other lawful Parish-Church or Chappel during the space of a month he forfeits for every month he shall so refuse going to Church and not having a lawful excuse to the contrary the sum of 20 l. the Forfeiture to be divided in three equal parts one third part thereof to go to the Lord Protector the other third part to the Poor of the Parish where the offence is committed and the other third part to the Informer to be recovered in any Court of Record by any person that will sue for the same by Action of debt Indictment Bill Plaint or Information I see noreason why Anabaptists and those called Quakers and Rantors to should be exempted from the penalty of this Statute any more then Papists But further to proceed to our Charge The Jury is to enquire also if all Constables Headburroughs Deoimers or Tythingmen and all other Suitors that owe any Suit unto this Court be present here or not to do their Suit and Service and to present the names of all that are absent or make default They are also to enquire if any Customs or Services due unto this Court be concealed or holden back how or by whom the same are so detained and in what Bayliffs time the same was and present the same Enquiry is also to be made if any Purprestures be made upon the land wood or water with blocks staves ditches hedges or by or with any other thing manner or way done to the common annoyance of the people and present it Also if any Walls Houses Paleâ— or Hedges be made or erected within the Jurisdiction of this Court to the annoyance of the people this is to be here presented If any High ways Waters Ditches or Paths be turned aside out of their andient courses this is to be enquired of and presented The Jury is also to enquire if any encroachments be made on the High ways or upon any of the Lords soil or common or one neighbour upon another and present the same If any Laystalls be made or any carrion be cast in High-wayes this is enquirable Common disturbers of the peace or such as make Frays in disturbance of the people or breach of the peace this is to be presented If there be any common Barretors within the jurisdiction of this Leet common Scolds or makers of debate to the annoyance and disturbance of their neighbours this is enquirable Enquiry is also to be made of all Pound breakers such as break the common Pound to take any Distress out of the same their names are to be presented Also the Jury is to enquire if any persons shall make any Outcries against the Law where no cause is to the disturbance of the people and present their names Also if any Rescous be made within the jurisdiction of this Court upon the Sheriff or any of his Bayliffs or any other Officers in the execution of their Office this is to be enquired of and presented Enquire also if any Eves-droppers that is such as stand under walls windows at dors or other places to hear the discourse of others and to carry tales thereof to others thereby to make debate or strife amongst their neighbours present their names All such offenders are to put in good sâ—ourity for their good behaviour the offence highly deserving it Breakers of hedges and such as walk by night and sleep by day are here to be enquired of All such as keep houses of Bawdry or ill orders in their houses to the breach o the peace or disturbance of their neighbours their names are to be presented All common hannters of Taverns or Ale houses having not visible estates sufficient to live upon they are here
Country-towns and Villages if there be any Crow-nets to destroy Crows and Rooks if they do not destroy the Crows nests then they begin to breed in default hereof the Town is to be amerced You are also to enquire in the Leet if any person hath by any means taken or killed the young Spawn or Fry of any Fish in any stream river brook floud-gate or in the Tayl of any Mill or whether any person hath taken in any of the said places any Salmons or Trouts out of season or any Pikes not being in length ten Inches or any Barbel not being in length twelve inches or any Salmons not sixteen inches or Trouts not eight inches all such offenders are here to be enquired of presented and punished The Jury shall also enquire if any person shall either by day or by night break down the head or dam of any Pond Pool or Moat wherein the Lord hath fish with an intent to steal or destroy the said Fish he shall pay to the Lord treble damages and be imprisoned three months and be bound to the good behaviour for seven years Hunters and stealers of Deer are here to be â—nquired of and presented No stone horse being of the age of two years shall be put into any common Forest or Chase to pasture except he be fourteen handfulls high in pain to forfeit the said horse Also the said Commons ought to be driven at Michaâ—lmas or within fifteen days after upon pain of 40 s. and if upon the sam driving there be found any Mare Foal or Gelding not likely to be able to bear foals or do other profitable service the same shall be slain and buried 32 H. 8. cap 13. You shall also enquire whether Hue and Cry and fresh Suit be duly made and pursued after Robbers and Felons according to the Statute of Westâ—â— 13 Ed. 1. cap. 2. For if any man be robbed in the day-time and the Thief escape and is not taken within fourty days after the Robbery for lack of Hue and Cry the Burrough or Hundred shall answer to the party for his damages Also if any person be killed in the day-time in a Town the Murderer or Manslayer escape the Township shall be fined for his escape 18 Edw. 2. If any persons to the number of twelve or above shall make any unlawfull assembly to break any Banks Inclosures Parks Barns Houses and such like and Proclamations be made by the Sheriff or Justice of Peace that they depart and yet if they remain together an hour after such Proclamation is made every such attempt is Felony Also every Copy-holder being a Yeoman Husbandman or Labourer of the age of 18 years and under 60 not sick not having a reasonable excuse and being required by the Justice Sheriff c. to apprehend such riotous persons as aforesaid and refuse shall forefeit his estate during life and his Lord may enter Also the Farmer being a Yeoman and refusing forfeits to his Landlord and he may enter Also it is Felony if any person without compulsion bring send or diliver any Money Ammunition or Victuals to any person assembled in such manner Also the Justice of Peace or other Officer may raise a power to suppress them And if any Officer kill any such Riotous or rebellious persons he shall go free And if any person know of any such pretended rebellion do not openly declare the same within twenty hours next after such knowledge he shall be imprisoned three months without Bayl or Mainprize and also he that hindereth Proclamation that it cannot be made commits Felony If any shall trace in the Snow kill or destroy any Hare or Leveret with dogs or otherwise he shall forfeit 6 s. 8 d. 13 H. 8. cap. 11. If any Jury sworn and charged to enquire concerning these offences do wilfully conceal the same then the Steward hath authority to impannel and charge another Jury to enquire of such concealment And if such concealment be found and presented by the said Jury then every one of the first Jury shal forfeit for every concealment of every offence 20 s. one moyety thereof to the Lord of the Leet the other moyety to any one that will sue for the same by Action of debt Bill Plaint Suit or Information wherein no wager of Law Essoyn or Protection is to be allowed Provided the Suit be commenced within six months otherwise the offender to be discharged thereof 33 H. 6.16 Stewards in Leets have power to enquire concerning the erecting of Cottages and maintaining of Inmates and to punish by Distress al offences committed against the Staâ—â—te touching Inmates and Cottages 31 Eliz cap. 7. Stewards in Leets have also power to enquire hear and determine all offences touching the making of Malt. 2 Ed. 6.16 Ed. 2.35 Eliz. 7. Stewards in Count-Leets shall enquire of hear and determine al offences committed within their Liberties against the Stature for the preservation of Phesants and Partridges 23 Eliz. 6.23 Eliz 10. Neverthelesse with a salvo jure to all Corporations and Bodies Politick of all their rights and priviledges to enquire and punish any of the said offences 1 Eliz. 17.35 Eliz. 7. Articles to be given in charge to Constables and Headboroughs at Leets and Sessions both of Cities Towns and Country Corporations most necessary for the preservation of Peace to which our present scope intends only and this Direction well followed will perfectly conduce thereunto if such a preservative for the health of men can be attained unto under Heaven Therefore I say These ensuing Article ought specially to be enquired of returned and presented by all Constables Headboroughs Tythingmen Decimers and all sworn officers who are enjoyned by Oath to preserve the Peace in their own persons and in all others as much as in them lies then to discharge their own duties let them diligently observe and prosecute what follows viz. Inprimis They are to enquire and return al such persons as shal continue tipling or drinking in any Innes or Alehouses at any time above the space of an hour and more especially upon the Sabbath-days and such persons as they shall find drunk and also such In keepers and Alehouse-keepers as shall entertain them 2. They are also to return the Names Sirnames Additions of Names and Qualities of all Popish Recusants as wel hous-keepers as Lodgers dwelling or residing in any of their Parishes Precincts or Liberties 3. The Names of such persons as shall profanely swear or curse with the number of their Oaths or Cursings immediately after the committing of such offence 4. Item Such as use victualling or selling Beer or Ale without License 5. Such persons as suffer any unlawful Games in their houses backsides or Gardens and also the Names of any that shall play at any of the said Games This is a gangrene and spreading leprosie in this Commonwealth a Vice abhorent to Christianity yet the mores the pitty most favoured by them that should seek to suppress it I mean in
upon which a forceable entry is made and die before any complaint is made thereof his heir is not a party grieved to make complaint If a maâ— make a lease for five yeers upon condition that if within the first two yeers the lessee pay to him 10 l. that then he shall have fee and livery is made accordingly there if any such forceable entry be committed within five yeers although that the condition be not performed yet thâ— lessee is a pâ—rty grieved by this Statute A man possessed of a term makes the heirs of J. S. his Executors and dies the said J. S. being also then dead leaving issue a daughter his wife pregnant with another daughter the first enters into the land after which the other is born and then such a force is committed both the daughters are parties grieved Who are bound to ge with the Justices at their command to remove a force what is their penalty in case they refuse to go and of what force is the Iustices record A man attainted of Felony upon request made is bound to go with the Justices to remove a force Dukes Earls Lords Barons and every Apprentice and Servant is boâ—â—â— by the Statute to go with the Justices to remove a force An Alien born and not made a Denizen or a man who is not of sound memory an Infant within the age of fourteen yeers or any woman sole or covert are not compellable to go with the Justices to remove a force A man going under bayl for debt or trespass is not bound to go If hue and cry be made at one end of the Town and the Justices require them at the other end of the Town they are bound to go with the Justice to remove a â—oâ—ce But if they have taken a Fellon or â—are in pursuit of a Fellon at the time of request they are not bound to go If the Sheriff Constable or other Officer without any Warrant Process or Precept require any person to go with the Justices to remove a force they are not bound to go by this Statute neither can an Officer arrest or imprison them by this Statute for their refusal But the Justices themselves may require them being in their presence by word only and upon their refusal imprison and fyne them If a forceable entry and detainer with force be made upon the possession of a Justice of peace he himself upon the view of it cannot remove the force But if upon a force committed they also assault the Justice himself then he may commit them to prison If one part of a house be in one County and another part in another County and when the Justices come to remove the force before they can arrest them they go into another part of the house which is in another County there they cannot remove the force by this Statute If a man enter the house of another by force and expels the owner thereof to one part or end of the said house and detain the house with force the Justices may remove this force and commit the offendor to prison If the Justices be present upon other business where a forceable entry is made when they are informed thereof before any detainder they cannot arrest them and commit them to prison by this Statute If the Justices come to remove a force and upon an arrest made the offendors escape into another County the Justices cannot arreast them nor commit them to prison by this Statute although it be upon fresh suite If the Justices come to remove a force and the offendors before any arrest make an escape for that time but in the morning they are brought back again before the same Justices to the same place by vertue of their Precept yet they cannot commit them by vertue of this Statute If the Justice come to remove a force and before that they can arrest the offenders they escape from thence upon that the Justices may well record this detainer with force by this Statute If the Sheriff is made Justice of peace and after in the same yeer that he is Sheriff he cometh to the place where the force was he cannot make a Record of this by the Statute If the Justices upon their coming to remove the force make a Record thereof and commit the offendors to prison and although it appeareth by the same Record That it was not a force upon the matter yet no remedy for the party so convicted If the Justices make a Record That they did see where indeed there is no such matter yet the parties cannot traverse it If the Justices come to remove a force and a Rescue is made to the Officers and others there present to remove them they may Record that as well as the force But if the Justices upon view of a force record a Murder Maim or Man slaughter this is no Record by this Statute If the Justices upon a force committed and complaint thereof made make enquiry thereof without going to the place it self where the force was this is also a good enquiry by this Statute But if the Justices upon view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the inquiry found it but ten persons this enquiry is not good by this Statute If several enquiries be made by several Justices upon a forceable entry every one of them is a good enquiry If the Justices in their inquiry of force present an Inquest by persons not sworn to do it the inquiry maketh mention that they were sworn yet this is a good enquiry But if the enquiry be made under the number of twelve this is not a good enquiry If any of the jurors before whom any such Inquest is taken be attained of a false Oath or in decies tantum or are Ambo-dexters this is not a good enquiry But if there be twelve persons in the jury over and above the persons attainted the inquest is good If it be found by inquest that A. B. was seized until J. D. diseised him with force by this inquiry A. B. shall have restitution If it be found that the father made a lease for years and died the years expired and before any entry made by the son a force is committed the son shall not have restitution by this Statute A man seized of Land hath issue a daughter and dieth his wife great with child of a son the daughter is ousted by force and after the Son is born and all this matter is found by inquest yet the Son shall not have restitution but the daughter shall have it If it be found by several Inquests that a man is ousted with force by several persons at sundry times of one and the same thing each Inquest is good and he may have restitution upon which of them he will but when he hath restitution upon the one then he shall not have restitution upon the other If it be found by several inquiries
that is to say by one inquest That J. S. is ousted by force and by another Inquest That J. D is ousted with force and all of one and the same Land there â—ach of them may have restitution by these enquiries If it be found that two joynt-Tenants were ousted by force the one may have restitution upon this enquiry without his companion If it be found that A. B. was seised for the Term of D. and he is ousted with force by E. and that D. is now dead yet A. B. shall have restitution by this enquiry If it be found that the Father was seized until ousted with force and died before any restitution or entry the son shall not have any restitution Likewise if a man be possessed of a lease for years and is ousted thereof with force and dieth before restitution his Executors shall not have restitution by this enquiry A lessee for life the remainder over in fee the lessee is ousted with force and all this matter found by inquisition of the force but he in the remainder shall not have restitution by this enquiry The husband and wife before issue had are ousted with force and then have issue the wife dieth the husband by inquiry shall have restitution If a Lesse for life be ousted with force and the lessor entereth for condition broken and this is found by Inquest yet the lessee shal have restitution by this enquiry The Justices of Peace before inquiry be taken may put the party in possession again without any Writ but noe other Justices can do it without Writ The Justices of the same County the record being before them may award exemption by Writ although they be not the same Justices before whom the inquest was taken but not without the same Record If the Justices who took the inquest be dead before restitution be made yet the Justices having the record may award execution of the same the Judges of the Upper-Bench having the Record removed before them may award Execution by this Statute by Writ but not otherwife If a Tenant of Land payes any rent to a stranger by compulsion of distress taken with force this is a disseisin with force But if a man be disseissed of any rent by the Tenant of the Land or by Rescous with forceâ— this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrist or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Gaâ—es or plâ—y thereat forfeits 6 s. 8 d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forseitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gamesteâ—s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six monâ—hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilsull perjury shall forfeit 20 b. six months imprisonment and be