Goods see Restitution Subsidy fol. 133. Swans ibid. T TAnners see Leather 3. Testimonial see labourers Theft see Robbery Tillage see husbandry Tilemakers fol. 134. Tinkers see Vagabonds Tipling and Tiplers See Ale-houses 1. oll fol. 135. Tongues sol 136. Transportation ibid. Traverse fol. 138 Treason fol. 139. Treasurer fol. 141. Trespasse fol. 143. Trouts see Fish Turn of the Sheriff see Sheriff V VAgabonds fol. i44 Vessels see Coopers Victuals and victualers fol. i47 Vnlawful Games see playes Vndertake work and not finish see Labourers 8. Vsury fol. i48 W WAges fol. i49 Weanlings see But cher Watch and ward fol. i49 Wax fol. i50 Warren see Hunters 1 2. Weavers see Cloth 4. Weights and measures fol. i50 Wild fowle fol. i52 VVines fol. i53 VVitchcraft see Coniuration Wood fol. 154. Wool ibid. Women see Rape and Labourersie Y YArn fol. 54. 〈◊〉 Resolutions of the Iudges of Assize upon certain Questions touching parishes c. fol. i57 The Iudges opinions concerning the commissions by which the Iustices sit at Newgate c. fol. 177. Coroners of their Office and Authority c. fol. i83 In what cases a man shal have his Clergy and in what not c fol. i89 A briefe SUMMARY OF THE Laws and Statutes Of ENGLAND Alehouses and Drunkenness 1 IF any Inkeeper or any Ale-house-keeper shall suffer any person dwelling in the Towne Village or Hamlet where such Inne or Alehouse is to remaine and continue drinking there other then persons invited by Travellers accompanying them only during their necessary abode there Labouring men and Handicrafts-men for an hour at dinner time and La bourers and workmen which for following their work lodg and victuall in such houses otherthen for urgent occasions allowed by 2. Justices of the Peace he shaâ—l forfeit to the poor there for every such offence proved by two witnesses upon Oath or seen by a Justice of the Peace of that limit 10. s 1 Iac. 9. P. 6. By the Stat. of 7. Iac. 10. he shall be disabled to keep an Alehouse for 3. years after 2. Whosoever shall continue drinking in Inne or Alehouse in the town where he then dwelleth contrary to the Stat. 1 Iac. 9. before mentioned the said offence being proved or seen as aforesaid and presented within Six monthes shall sorfeit and pay to the use of the poor there within a weeke after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture then he shall be set in the stocks 4. hours 4 Iac. 5. and Poult drunkenness Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells he shall be disabled three years per le Stat. 4 Iac. 5. and 7. Iac. 10. 3. If any Inkeeper or Alehousekeeper c. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny and of small two quaits for a penny he shall forfeit for every such offence being proved as aforesaid 20. s. to the use of the poore there 1. Iac. 9 Peult Alehouses 7. c. But by the Stat. 7 Iac. 10. he shall be disabled 3. years Whosoever shall be drunk and thereof be lawfully convicted within Six monthes after shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it then he shall be set in the stocks six hours and if after that he shall be again convicted of the like offence then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour 4 Iac. 5. Poulton drunkenness i 5. Note that such offenders being once punished by the Ecclesiasticall Laws shall not est soons be punished for the same offence 4 Iac. 5. P. Drunkenness 8. 5. Whosoever shall keepe Alehouse without license or contrary to the commandment of two Justices of the peace one of them being of the quorum shall be imprisoned 3. dayes without bayle and before his delivery to be bound by recognizance with two sureties not to keep Alehouse any more as the Justices shall think sit And shall be also fined by the Justices in their open Sessions for every such offence 20. l. 5 6 Ed. 6. 26. The penalty for selling Ale or Beer the persons unlicensed see Brewers 4. An Alehouse-keeper once lawfully put down cannot be allowed again but in open Sessions Juog VVarberton at Camor Assizes 1613. and Dalton 25. 26. tamen quaere 6. If a common Inkeeper or Ale-house-keeper shall refuse to lodg a traveller he ought to be suppressed Dalton 25. Archery 1. ALL persons lacking or not using Bows and Arrows according to the Stat. 33 H. 8 9. except persons excepted by the Stat. shal forfeit the several penalties imposed upon them to the King and Informer so as the suit be commenced against them within a year after See P 1. c. 2. All false makers of Arrow heads shal be punished according to the Stat. 7. H. 4. 7. 3. If the Inhabitants of every Town and place shall not make and continue their Buts as they ought to do they shal forfeit for every month 20. s 33 H. 8 9 Armour 1. IF any persons except the Kings Servants or officers in doing their service and their company aiding them in that behalf shall ride or go armed by day or night or shall bring force in affray of the Kings people before the Kings Justices or otherwise they shall lose their Armour and be imprisoned at the Kings pleasure and may also be bound to the peace or good behavionr 2 Ed. 3. 3. P. 1. 2. To imbezell the Kings Armour Ordnance or Victuals to the value of 20. s it is Felony so as the offender be impeached within a year after 31 El. 4 P. 3. 3. All the Armour Gunpowder and Munition soever of Recusants convict other than necessary weapons shall be taken from them by warrant from four Justices of the peace at their quarter Sessions and yet they shall bee charged with maintaining the same and with buying more in such sort as other Subjects are according to their ability 7 Iac. 5 and P. Recusants 75. Artificers 1. IF any Artificers Workmen or Labourers shal conspire promise or make oathes that they will do their work but at a certaine price or rate or will not finish what another hath begun or shal otherwise conspire for the order of their work Or if any butchers bakers brewers Poulterers Cooks Costermongers or Fruiterers shall conspire covenant promise ot take any oathes that they shall not sell their victuals but at certain prices every of them so ostending being lawfully convicted thereof shall forfeit for the first offence i0 l. to the King and if he do not pay the same within six dayes after conviction hee shall be imprisoned twenty dayes and have only bread and water for his sustenance and for the second offence
vessel made 3. s 4. d. to the King and the Informer 23 H. 8. 4. 2. If any Beer Brewer or Ale brewer shal sel his drink at higher prizes than shall be appointed by the Justices of the Peace c. he shall forfeit for every Barrell so sold six shillings for every Kilderkin three shillings and four pence for every Firkin two shillings for every lesser vessell twelve pence and for a greater then a Barrell tenne shillings to the King and Informer 28 Hen. 8. 4. and Poulton 2. 3. The Justices of the peace for every shire where any Ale or Beere-Brewer doth dwell out of a City Borough or Town or other place where no head officer hath any rule have power to Sess and Tax by their discretions the prices of every Barrell Kilderkin or Firkin of Ale or Beere 23 H. 8. 4. P. Just 78. 4. If any person shall by himself or otherwise directly or indirectly sell utter or deliver any Beer or Ale to any person or into the house or seller of any person that then shall sell Beer or Ale as a common Tipler without License then in force to sell Ale or beere hee shall forfeit for every barrel 6. s 4d and so after that rate for a greater or lesser vessel or quantity 4. Iac. 4. and P. Ale-houses so Buggary THe Iustices of peace may hear and determine the said offences of buggary as they do use to do in other cases of Felony and such offender shal not be admitted to his Clergy 25 H. 8. 6. 5. El. 17. P. 1. Burglary BUrglars shall not have the benefit of their Clergy 18 El. 6. But there are four speciall things which must concur to make this Felony viz. 1. The time only in the night 2. The place either publique as the Church or walls or gates of a City or walled Town or private as a dwelling house and then some body must be within at the same time Also the breaking in the night of a stable barn or other out-house adjoyning or near the dwelling house to the intent to steal is Burglary though he take nothing See Dalton 3. The manner consisteth partly in breaking of the house and partly in entring therein yet it seemeth that he that is taken in the only attempt of a Burglary shall be hanged though he make no actuall entry as to put back the leaf of a window to draw the latch of a door or turn the key in the inner side of the door to break a glass window and hook out any goods or to come down a chimney c. 4. The intent which must be either to kill or rob some person or do some other Felony See Dalton 223. Burning of Houses TO burn a dwelling house or other house parcel thereof by night or day feloniously is Felony So it is to burn a stack of Corn Feloniously So it is to burn a Barn adjoyning or near a dwelling house in the night Feloniously So it is also to burn a Barn in the day time having Corn in it though it be not adjoyning to the dwelling house Butchers 1. IF a Butcher shall buy cattel and sel the same alive he shal forfeit to the King and Informer the same cattel 3 4 Ed. 19. 1. Iac. 25. P. 2. If a Butcher or other person shall kill any Weanlings Bullock Steer or Heifer being under the age of 2. years to the intent to sell the same again whole or by retail he shall forfeit to the King and Informer for every one six shillings and eight pence 24 H. 8. 2. 1 Iac. 25. P. 2. 3. A Buther that selleth swines flesh measled or flesh dead of the morein after he shal be convicted thereof shal for the first time be grievously amerced the second time be judged to the Pillory the third time he shal be imprisoned and fined and the fourth time he shall for swear the town And in this manner it shal be done of all that oftend in like case as of Cooks c. 51 H. 3. and P. 4. 4. If a Butcher shal gash or hurr any hide of Ox Bul Steer or Cow he shall forfeit for every hide 20. d. 1 Iac. 22. Or shall water any hide except in Iune Iuly or Argust or shall put to sale any putrified 3 s 4. d. ibidem P. Leather 1. 5. No Butcher or other person shal kill any Calfe to sel being under five weeks old on pain to forfeit for every calf 6. s 8. d. 1 Iac. 22. P. Leather 2. 6. No Butcher shall be a Tanner simul semel under the pain of forfeiting 6. s 8. d. for every day 1 Iac. 22. P. ibidem 3. Butchers conspiring to sel their meat at certain prices See Artificers 1. Captains Souldiers Musters 1. IF any Souldier serving the King in his wars shal give away any horse gelding mare or harness wherewith he was set forth he shal be imprisoned till he make satisfaction 2 Ed. 6. 2. P. Just 84. 2. If any person absenting himselfe without true and reasonable cause being commanded to Muster before any Having authority for the same or not bringing with him in a readiness his best furniture of array and armour of his own person he shall be ten dayes imprisoned or pay forty shillings fine 4 5 P. M. 3. P. 12. 3. If any person authorised to muster or levy men for the Kings service in war shall take any reward for the discharge or sparing any from that service or shall not pay to his Souldiers their whole wages conduct and coat money within ten dayes after he shall receive the same or for gain hath licensed any to depart out of the service he shal forfeit for every offence ten times as much as he taketh and pay to every Souldier treble the sum withholden 4 5 P. M. 3. 2 Ed. 6. 2. P. 12. 4. Every parish shal be charged with â— weekly summe towards the reliefe of â—ouldiers and Mariners by the more â—art of the Justices of the peace in â—heir generall quarter Sessions next afâ—er Easter yearly so as no parish be raâ—ed above 10. d. nor under 2 d. and so as â—he totall summe of such taxations in aâ—y County where there shall not be above 50. parishes do not exceed the rate of six pence for every parish in the same County 43 Eliz. 3. Poulton 17. A remedy for such as refuse to pay the said taxation ibid. 5. Who shall collect the said taxation and how and when they are to dispose of it see 43 El. 3. Poulton â—18 6. The Justices of the peace shall grant reliefe in quarter Sessions to Souldiers and Mariners and may alter and revoke the same again ibid. P. 19. They may also alter and dispose of the surplusage of the stook as the most of them there shall think fit ibid. P. 24. 7. If a Souldier or Mariner shall be taken
begging or shall counterfeit a Certificate he shall for ever lose his pension and be punished as a common Rogue ibid. P. 23. 8. If a Souldier Mariner or Drummer depart from his Captain without licence it is Felony 18 H 6. 19. P. 3. 9. If a Souldier or Mariner wandeâ— abroad without a Testimoniall it is felony So it is in every one wandring 〈◊〉 a Souldier or Mariner which shal forgeâ— or counterfeit a Testimonial 39 El. 17. P. sub titulo Mariners 4 5. 10. How and by whom a Certificate of a Souldier or Mariner shal be allowed and made see 43 El. 3. P. 19. Church and Church-yard 1. IF any person shall malitiously strike with any weapon in Church or Churchyard or draw any weapon there to that intent and shall be thereof lawfully convict he shal have one of his ears cut off and if he have no ears then he shall be burned in the cheek with a letter F. and stand ipso facto Excommunicate 5 6 Ed. 6. 4. P. Fighting 4. 2. Fairs or Markets in Churchyards see Fairs 3. If any shall feloniously take goods â—â—t of any Church or Chappell it is â—â—lony and he shall not have Clergy â—â—e P. Clergy i3 4. Whosoever not having lawfull â—â—d reasonable excuse to be absent shal 〈◊〉 repair to his or her parish Church Chappell accustomed or upon let â—â—reof to some usuall place where â—â—mmon Prayer is to be used every â—â—nday and other Holyday and there â—â—erly and soberly abide during the â—â—e of such common prayer preaching â—â—other service of God and shall be â—â—ed in question within one month 〈…〉 r default shal forfeit for every de 〈…〉 t 12. d. to the use of the poor where 〈◊〉 offenders shal be resident and abi 〈…〉 g at the time of such offence com 〈…〉 ed 1 El. 2. 3. Iac. 4. P. Recusants 〈◊〉 50. 〈…〉 nd whosoever being above the age 〈…〉 6. years shal not repair to some 〈…〉 rch or chappel as aforesaid shall 〈…〉 eit for every month 20. l. to the King El. 1. P. Recusants 3. 〈…〉 nd whosoever shal keep relieve or 〈…〉 our any such person shal for se it every month i0 l. 3 Iac. 4. P. Re 〈…〉 t s 5i See Recusants Church-wardens and Overseers 1. IF the Church-wardens and O 〈…〉 seers of the poor of every 〈◊〉 rish shall not take order for 〈◊〉 ting a work or relieving their poor 〈◊〉 for assisting the inhabitants and o 〈…〉 piers of land in their parish or sh 〈…〉 not endevor to levy such Assessments 〈◊〉 shal not meet together monthly 〈◊〉 count as they ought every one mak 〈…〉 default shall forfeit for every de 〈…〉 20. s to the use of the poor 43. El. 〈◊〉 P. Poor 2. i2 And if any Church-Warden Overseer shall refuse to account 〈◊〉 Justices may commit him to p 〈…〉 without bayle till he make a true count and satisfie and pay so much upon the said account shall be re 〈…〉 ning in his hand 43 El. 2. P. 4. 2. If the Church-wardens c. s 〈…〉 not truly collect and pay over to 〈◊〉 high Constable of that Division dayes before the end of every qu 〈…〉 Sessions such money as they ough 〈…〉 pay for the relief of the prisoners i 〈…〉 Marshal sea and Kings-Bench then t 〈…〉 shal forfeit for every default i0 5. the uses in this Act comprised 43 El. 2. P. Poor i4 And they also forfeit 5. l. for not levying the money and paying the same money so taxed for reliefe of the prisoners in the common Goales of the County according to the Stat. i4 El. 5. and P. Prison 4. 3. If the Churchwardens and petty Constables shall not truly collect and pay to the high Constables of that division ten dayes before every quarter sessions such mony as they ought to pay for the relief of Souldiers and Mariners they shal forfeit for every default 20. s 43 El. 3. and P. Capt. c. i7 i8 4. If the Churchwardens or Over-seers or other officer to whom the mony forfeited by 4 Jac. for uttering Beer or Ale to Tiplers unlicensed shall be payed do not within convenient time truely bestow the same among the poor they shall forfeit double the value thereof 4 Jac. and P. Alehouses i2 i3 5. The Churchwardens duty in levying the penalties of Alehouse-keepers c. See Constables 9 Their duty in presenting the monthly absence from Church of Recusants See Constables i4 7. Their duty in chusing dayes for amending the high wayes See High-wayes i. ii 8. They forfeit 5. l. for not receiving Rogues lawfully sent unto them Their duty for binding out poore children Apprentices and imploying their mony according to the Stat. 7. Iac. 3. See constables i5 Clergy 1. IN what cases clergy is allow 〈…〉 and what not see Poulton i. c. 2. Where clergy lyeth it 〈◊〉 grantable but once to one person e 〈…〉 cept he be within holy Orders 4. H. 7 〈…〉 i3 P i6 Clark of the Market 1. IF the Clark of the Market shall take any common fine to dispence with faults or shal ride with more than six horses or tarry longer in the country than the necessity of his business requireth he shal forfeit to the King for his first offence 5. l. for the second offence 10. l. and for the third offence 20. l. 13 Ric. 2. P. 1. 2. He ought also for to have all his Weights and Measures signed according to the Standard of the Exchequer with him when he goeth to assay Weights and Measures and he nor any other shall use any other Weights or Measure iâ— Ric. 3. P. i. Cloth 1. THe Justices of peace in their severall quarter Sessions may enquire heare and determine every fault and offence made or done contrary to the act of 39 El. 20. concerning woollen cloth see P. Drapery 127 c. 43 El. i0 2. If any person shal present any cloth which is defective or faulty contrary to the Stat. 5 Ed. 6. the same cloth shal be by two Justices of the Peace cut into three equal parts where of the King shal have one the presenter one and the third they shal retain themselves 5 Ed. 6. 6. P. Drapery 29. 3. If Clothiers or other Masters shal refuse to pay such wages to their Spinsters Weavers and other workmen whatsoever as shal be assessed by the Justices of the Peace at their Sessions and shal be thereof convict they shal forfeit for every such offence ten shillings to the party grieved i Iac. 6. P. Just 66. 4. If Spinsters Carders Weavers c. shal imbezel sel or detaine any part of their Clothiers wool or yarn as wel every one of them as the buyers and the receivers thereof knowing the same to be imbezelled being convicted thereof by confession of the parry or proved by one sufficient witness upon oath before two Justices shal
he shall be imprisoned without bayle till it be done 43 Eliz. 7. P. Trespass 2. 11. Every Constable and other officer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor Justices of the Peace c. for the Relief of the poore infected with the Plague shall forfeit for every such oftence ten shilings to the use of the poore infected persons i Iac. 31 and P. Plague 3. 12. If any Constable or other inferiour Officer to whom it shall be given in charge by precept from any Justice of the peace within his Limits shall neglect the due correction of a Drunkard or the due levying of the penalties imposed upon such offenders where distress may be had he shal forfeit ten shillings to the use of the poor of the same Parish 4. Iac. 5. Poulton Drunkenness 2. 13. If any Ale-house-keeper shal be neglected by the Constables or Church wardens not doing their duty in levying of the penalties c. Or in default of distress shall not crucifie such default by the space of two dayes then next ensuing to the Justices within whose limits the offence shal be committed the Constables c. shall forfeit for every such default fourty shillings to the poor 1 Iac. 9. P. Ale-houses 8. 14. If constables and other head Officers shall not make due search Weekly or at the furthest once every month where unlawful Games be and execute the Statute in all things according to the purport of the same shal forfeite for every Month fourty sh 33 Hen. 8. and Poulton Players 6. 7. 8. See who shal have Forfeitures ibidem 15. If the Parson or Vicar of a Town or Parish not corporate together with the constables and Churchwarrdens collecters and Over-seers where any summe of money is or shal be given to be imployed for the binding out of poor children Apprentices or any of them shall forbear wilfully or refuse to imploy such money according to their Duties therein every of them so offending shall forfeit three pounds six shillings eight pence for every such offence the one halfe to the use of the poore and the other halfe to any that will sue 7 Iacobi 3. 19. If constables and church wardens or where there be none the chiefe Constables of the Hundred shal not once every year present the monthly absence from Church of Popish Recusants according to the Stat. of 3 Iac. 4. they shall forfeit for every default twenty shillings 3 Iac. 4. P. Recusants 41. 17. It that Constables do not see Wath duly set and kept from Sun setting till the Sun rising between Ascention day and Michaelmas day and make presentment to the Justices of the peace at their sessions of the default of watches and such as lodge Strangers for whom they wil not answer they shal be fined by the discretion of the Justices VVinch 13. Ed. 1. 5. Hen 4. 3. Poult Watch 1 2. 18. If a Constable being present at an Affray shall not do his best endeavour to part them it being presented at the Sessions he shal bee deeply fined and the Affrayer at the discretion of the Justices he may justifie the hurting of them if they resist may command assistance and imprison the Affrayors in the Stocks til they find sureties of the peace Dalton fol. 28. High Constables SEE the Constables duties in choosing Surveyors of the Highwayes Highwayes i. If the high Constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the Goale at the next quarter Sessions to the persons appointed by the Justices to receive the same he shall forfeit five pound halfe to the King the other to the Prisoners El. 5. i Iac. 25. Poult Prisoners 4. If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shal pay to him for the prisoners in the Marshalsey and Kings-bench he shall forfeit for every default 20. s 43 Eliz. 3. P. poor people 14. If the high Constables shal not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Souldiers he shall forfeit 40. s 43 El. 3. P. captains 18. See churchwardens 3. for the constables neglect herein Correction-houses 1. EVery Justice of peace in the county where there is not a conveient house of correction with convenient backsides and necessary 〈…〉 mplements shall forfeit 5. l. 7 Iac. 4. 2. The more part of the Justices may at any time of quarter Sessions give order for the erecting of houses of correction and for stocks of money and al other things necessary for the same or for the Government thereof 39 〈◊〉 E. 7. 3. Houses of correction are to be purchased conveyed or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall bee thought fit And such Justices may at their said quarter Sessions next after such houses built and so from time to time appoint Governours or Masters thereof and may make them such allowance and maintainance as they shal think meet And if the Masters of the houses of correction shall not every Sessions yeild a true and lawful account to the Justice of the peace of all such person as they have committed to their custody or if the said persons shal trouble the Countrey by going abroad or escape from such houses of correction the most part of the said Justices in their quarter Sessions may fine the said Masters and Governors as they shall think fit 7. Iac. Coopers 1. THe prices of all Barrels Kilderkins Firkins and other vessels to be sold for Ale Beer or Sope to be uttered therein made or sold out of any City Borough or Town corporate shall be taxed by the Justices of peace or the more part of them being present in the quarter Sessions yearly after Easter at such prizes as they shal think fit and reasonable and if any Cooper shal fel any of the same above such prizes assessed and proclamation thereof made he shal forfeit for every vessel sold at a greater price three shillings four pence to the King and Informer 8. Eliz. 9. P. 1. Iust 79. 2. If any Cooper shall make his vessels for Beer or Ale of unseasonable Woood or shall not make a Beer-Barrell to contain 36. Gallons a Kilderkin for Beer 18. Gallons a Firkin fur Beer 9. Gallons and a Barrel for Ale 32. Gallons a Kilderkin for Ale 16. and a Firkin 8. Gallons of the Kings Standard And if any Cooper shal make any Vessel for Beere or ale to be sold of any greater or lesser number of Gallons than is aforesaid unless he cause it to be marked upon every such Vessel the certain number of Gallons it containeth and
upon this Stat. must be commenced within a yeer after the offence 33 H. 8. 9. and P. 7. Players abusing the Name of God forfeit 10 l. for every offence 3 Iac. 21. and P. 6. Poore People 1. VVHo shall be Overseers of the poore of every parish and when and by whom to be chosen together with the duty of such Overseers see 43. El. 2. and Poult 1. 2. If any parish shall not be able to elieve their poore then two or more Justices of the peace whereof one to be of the Quorum dwelling in or neere the same parish or Division where such parish is shall and may tax any other of other parishes or out of any parish within the same hundred to pay such sum and sums as they shall think fit according to the intent of the Law And if the hundred be not able then the Justices of the peace or greater number of them may at their several quarter Sessions Rate any other of the parishes thereunto as they shall think fit 43 El. 2. and P. 3. 3. Whosoever shall refuse to contribute according as they be assessed shall be distrained by Warrant from any two such Justices and in default of distress shall be committed to the common-Goale without bayle til they pay the same and the arrearages 43 El. 2. and P. 4. 4. Such poore as will not work being thereunto a ppointed by the Church wardens and Overseers may be sent to the house of Correction by one or more Justices of the peace 43 El. 2. and P. 4. 5. The greater part of the Justices at their generall quarter Sessions may by the agreement of the Lord of any wast or common set up habitations there for the poore and place Tenements in the same 43 El. 2. and P. 6. 6. Whosoever shall find themselves grieved with any Selle or Tax or other thing done upon the said Statute 43 El. 2. The greater part of the Iustices at their general quarter Sessions shal take such order therein as to them shal be thought convenient which shal conclude and bind all parties 43 El. 2. P. 7. 7. If the Father Grand-father mother Grand-mother and Children being of a sufficient ability shall not relieve their poore and impotent Parents and Children in such manner as they shall be assessed by the greater part of the Justices at their general quarter sessions every of them failing therein shal forfeit for every month 20. s 43 El. 2. P. 8. 8. If a Parish lie within two Counties or part within a liberty and part without the Iustices shal deale and intermeddle only with so much of the said Parish as lyeth within their limits concerning the nomination of Over-seers c. 43 El. 2. P. 10. 9. If the Iustices of peace within their divisions shall not nominate Overseers of the poore in every parish according to the Law every of them making default shal forfeit for every such default 5. l. 43 El. 2. P. ii which shall be to the use of the poore of the same pirish and be levyed by warrant from the generall Sessions ibid. 10. How the forfeitures menmentioned shall be levyed and imployed see 43 El. 2. P. 12. 11. The Iustices of Peace or the more part of them at their generall quarter Sessions next after Easter shall rate every parish to a weekly sum not above six pence nor under a halfe penny nor the total sum of such taxation on the Parish to be above the rate of two pence for every parish in the County for reliefe of the Prisoners in the Kings Bench Marshalsey Hospitals and Alms houses in the County and shall also rate the sums to be sent to every of these places and elect a Treasurer for that purpose and punish him that refuseth 43 El. 2. P. 13 14 16. If any able person threaten to run away and leave their families behind upon the parish they shall be punished as Vagabonds 7 Iac. 4. see Vagabonde Preachers and Ministers of the Church 1. VVHosoever shall of p 〈…〉 pose malitiously and contemtuously molest or by any means hinder or misuse any Prea 〈…〉 lawfully authorised in any his open Sermon or Preaching in any Church or other place used and appointed and his aiders procurers and abettors shall be three months imprisoned and further to the next quarter Sessions and then upon his reconciliation before them shall be delivered out of prison upon sufficient bayle for his good behaviour to be taken by the said Justice for a whole year after 1 M. 3. P. 1. 2. Whosoever shall by any contemptuous words or advisedly in any otherwise deprave despise or revile the blessed Sacrament of the body and blood of Christ shall be imprisoned and fined at the Kings pieasure 1 Ed. 6. 1. 1. El. 1. P. Sacrament 1. and Justices of peace 8. 3. If any Parson Vicar or other Minister shall refuse to use the Common prayers or to Minister the Sacraments according to the book of Commyn prayer or wilfully standing in thâ— same shal use any other form in openâ— prayers or in administration of theâ— Sacraments or shall speak any thing in â—erogationâ— of the said booke or any part thereof and shall be thereof lawfully convicted shal for the first 〈…〉 ence forfeit to the King the profit of his spiritual promotion for a year and be six monthes imprisoned without Bayle and for the second offence be ipso faâ—â—o deprived of such promotion and be imprisoned a year and for the third offence to be ipso facto deprived of such promotion be imprisoned during his life But if he have no such promotion then for the first offence he shal be imprisoned a yeare without bayle and for the second offence during his life 1 El. 2 P. Sacrament 2. 3. 4. Whosoever shall in any Play Song or ryme or by any open Word speak in derogation of the said Booke or of any thing therein contained or shall cause or maintaine any Parson Vicar or Minister to say any Common prayer or to minister any Sacrament in other manner then after the said book or shall interrupt any Parson Vicar or ministers to say any open prayers or to administer any Sacrament according to the said booke and shall be thereof lawfully convicted shall forfeit to the King for the first offence 100. Marks to be payed within six weekes and in default of such payment to be imprisoâ—ed six months without bayle and for the second offence 100 Marks to be payed within the said term or to suffer imprisonment twelve monthes without bayle and for the third offence all his goods and chattles and be imprisoned during his life 〈◊〉 El. 2. P. Sacrament 4. Such offenders shal ' be indicted at the next generall Sessions after the offence committed ibid Poultâ—n 6 7. Also if such offenders shall be punished by the Ordinary and have a Testimonial thereof under his Seale they shall not be estsoons
punished by the Iustices Ibidem and Poulton 6. 7. Whosoever shall say or sing Mass and be thereof lawfully convicted shal forfeit 200. Marks and be imprisoned a year and from thence til he pay the said forfeiture and whosoever shal willingly hear mass shal forfeit â—00 marks and a years imprisonment 23 El. 1. P. Sacrament 11. If any person Vicar c. shall grant a Licence for eating Flesh to any person other than such as plainly appear to have need thereof such licence shall be void and such Parson or Vicar shall forfeit for every such License otherwise granted five markes 5 El. 5. 〈◊〉 P. Fish dayes 3. If any Parson Vicar or â—urat shall â—ake above 4. d. for entring into the church book the Licence of a sick person to eat flesh upon fish dayes it is exâ—ortion 5 El. 5. P. Fish dayes 3. If any parson c. shall take above two pence for Registring a Testimonial â—f any Servant departing from one place to another it is extortion 5 El. 4. P. Labourers 7. If the minister of every parish shal not keepe a Register-booke and there 〈…〉 enter the substance of every Testimonial made for Rogues whipped within his parish he shal forfeit for every default 5. 〈◊〉 39 El 4 and P. Vagabonds 3. The duty of parsons c. in binding oâ—â— Apprentices and in imploying of the money given to such uses 7 Iac. 3 Prison and prisoners 1. IF any keeper of prison or under-keeper shal by dares or pain compel any his prisoners to become an approver against his will he shal be adjudged a Felon 3 Ed. 3. 10. P. 2. 2. Whosoever having authority of keeping of Goale or of prisoners for felony shall certifie the names of every prisoner in his keeping and of every person to him committed for any such causes at the next generall Goale delivery in every County or Franchise where any such Goale is upon paine to forfeite to the King for every default 5 l. 3 H. 7 3. P. 3. 3. The most part of the Iustices of peace of every shire may at their generall quarter Sessions rare and tax every parish within the said shire at such reasonable summes of money for and towards the reliefe of prisoners in the common Goal of the County aforesaid as they shall think convenient by their diferotions so that the said 〈…〉 tion do not exceed above six pence 〈◊〉 eight pence by the week out of cr 〈…〉 parish 14 El. 5. P. 4. Reliefe of Prisoners in the Ma 〈…〉 sey and Kings Bench vide P. 〈◊〉 11. 4. Breaking of prison by one being in there for felony or by any under Arrest for Felony as well with 〈…〉 prison as within is Felony 1. Ed. 2. l P. 5. 5. If any Sheriffe or Bal 〈…〉 〈◊〉 willingly suffer any Prisoner for Fe 〈…〉 ny to escape or if any shall rescue s 〈…〉 a Prisoner it is Felony vide D 〈…〉 fol. 238 239. 6. A Prisoner shall be conveyed 〈◊〉 the Goale at his owne charge if he have ability if not the parish shall be charged 3 lac 10. P. 7. 8. A prisoners goods shall not be seised ill he be attained P. Sheriffes 14. Removing of prisoners see removing 9. No Iustice nor Iustices shall let to bayle any persons forbidden to be hailed by the Stature 3 Edw. 1. upon paine to be fined by Iustices of Goale-delivery 1. 2. P. M. p. Iustices of peace 106 8. No prisoner which before was outlawed nor he which hath abjured nor any approver nor he which is taken with the manner nor he that hath broken prison nor a Theefe openly defanied and known nor he which is appealed by an approver so long as the approver liveth except he be of good fame nor he which is taken for burning of a house feloniously or for false money or for counterfeiting the Kings Seale nor any excommunicate person taken at the bishops request nor hee which is taken for a manifest offence or for treason touching the King 3 Edw. 1. 15. nor he which shall confess a Felony or Manslaughter before the Iustice upon his examination vide Dalt fol. 285. where bayle is taken away by particular statutes for misdemeanors 9. Such as be indicted of Larceny by Enquests taken before Sheriffes of bayliftes by their office or of light suspition or for petty Larceny that amounteth not to the value of 12. d. if they were not guilty of some Larceny before or guilty of some receiving Felons or Theeves or of commandment or force or of aide in Felonies done or guilty of some other trespasse for which one ought not to lose life or member and a man appealed of an approver if he be no common Theefe nor defamed shal be let to bayle by sufficient sureties s Ed 1. 15. P. mainprise 2. It seemeth also by Dalton that persons taken upon suspition of burglary Robbery or Theft if they be not of evil Fame and also Accessaries may be let to bayle vide Dalton sol 274. 10. Whosoever shal with-hold prisoners baileable after they have offered sufficient baile shall pay a grievous sine to the King and whosoever shall take reward for the deliverance of such shal pay double to the prisoner and be amarced as aforesaid VV. 1. 3 Ed 1. 5. P. mainprise 6. One Iustice of the peace may baile a prisoner if it be not in case of felony or the like or except some particular Stat. shal otherwise prescribe Dalt fol. 33. No person for manslaughter or felony or suspition of either being baile able by Law shal be let to baile or mainprise by any Iustice of the peace if it be not in open sessions except it be by two Iustices of the peace at the least present together at the same time of bailement whereof one to be of the quorum who before such prisoner be bailed shall also take the examination of the prisoner and information of them that bring him of the fact and circumstances thereof in writing which together with the bailement they shal certifie under their hands at the next Gole deliverie upon paine to be fined for every offence by the Iustices of Goale delivery i 2. P. M. 13. P. Iust 106. Purveyors 1. PUrveyors shall agree for the things they take and shal shew their Commission upon pain to lose their offices 28 Ed. 1. 2. P. i. 2. If any Purveyor shall take any thing of any ma 〈…〉 〈◊〉 〈◊〉 to spare him and he therefore attained at the partied suite hee shall yeeld up to the party grieved treble damages and be two years imprisoned 36 Ed. 3. 3. P. 14. 3. If any Purveyor shal take corn by any other measure than by the striked bushel or by any other than eight such bushels to the quarter or shall take carriage thereof without making ready payment he shall forfuite to the party grieved and be one
execution thereof 2. H. 6. 8. P. 10. In Riots Routs and unlawfull Assemblies these circumstances are to be considered viz. 1. The number of the persons assembled 2. The intent and purpose of their meeting 3. The lawfulness or unlawfulness of the act 4. The manner or circumstance of doing it To make a Riot Rout or unlawful Assembly three persons at the least must be gathered together If three or more shall come or assemble themselves together to the intent to any unlawful act with force or violence against the person of another his possessions or goods although they after depart of their own accord without doing any yet that is unlawfull Assembly If after their first meeting they shall ride go or move forwards towards the execution of any such Act this is a Rout. And if they do execute any such thing indeed then it is a Riot 2 If any Riot Rout or unlawfull Assembly be made three or two Justices of the Peace at the least and the Sheriff or Undersheriffe shall arrest the offenders and record that which they shall finde done in their presence against the Law and such offenders shall be convicted by the Record in manner and form as it is contained in the Stat. of forcible Entries 17 R. 2. 〈◊〉 13. H. 4. 7. P. See forcible Entries 2. 3. If such offenders be departed before the comming of the said Justices and Sheriff they shall diligently enquire within a month after and the same shal hear and determin according to the Law And if the truth cannot be found then within a month next after they shall certifie before the King and his Councel of the whole fact and circumstances thereof 13. H. 4. 7. P. 2. 3. Note also that if the offenders shall traverse the matter so certified the same Certificate and Traverse shal be sent into the Kings-bench to be tryed ibidem 4. Rioters attainted of great and heynous Riots shall have one years imprisonment as the king and his councel shall think good 2 H. 5. 8. and P. 10. 5. Each man being able to travel shal help to repress riots upon paino of imprisonment and fine 2 H. 5. 8. P. 12. 6. The sheriffe having a precept directed to him shall return twenty four persons dwelling in the Shire where the Riots c. shall be committed whereof every of them shal have Land and Tenements within the said shire to the yearly value of 20. s of Charter land of freehold or 26. s 8. d. oâ— Copyhold or of both above all charges to enquire of the said riot c. and shall return upon every of them in isâ—â—res at the first day 20. s at the second day 4 〈…〉 under the pain of 20 〈◊〉 9. H. 7 13. P. 14. 7. If by reason of Maintenance or Embracery of Jurors a Riot c. is not found the Justices and Sheriff besides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certifie the names of the Maintainers Embracers with their misdemeanours upon pain to forfeit 20. l. and imprisoned at the discretion of the Justices 19 H. 7. 13. P. 15. 8. If any persons above the number of two and under twelve being assembled shal intend unlawfully with force to murder or slay any wan or to cut or cast down any inclosure or banks of any fish ponds or to do any the deeds mentioned in the Statute hereafter named and shall not depart upon proclamation but shall attempt to do any of these things they shall be imprisoned a year without bayle and pay treble damages and costs to the party grieved 1 M. 12. 1 Eliz. 16. Poulton 20. 9. If any person being moved to make commotion or infurrection or rebellious assembly shall not within twenty four hours after disclose the same to a Justice of peace or to a Sheriffe or if any person shall stir or proeure any other to make such assembly he shall be three monthes imprisoned without bayle unless he shall be discharged by three Justices of the peace whereof one to be of the quorum of the same shire where the offence shall be commited 1 M. 12. 1 Eliz. 10. P. 24. 30. 10. The raising of unlawfull assemblies to the number of twelve or forty and not to depart within an hour being commanded by proclamation and also the relieving of any such persons is felony i M. i2 1 Eliz. i6 P. 17 i8 19. 28. 31. Robbery Theft THeft is the taking away of another mansgoods with an intent to steal them against the wil of the owner and is of two sorts Robbery and Larceny Dalt fol. 226. Robbery is the felonious taking of any thing from the person of another or in his presence against his will and putting in fear thereby and for which the offender shal suffer death without Clergy Dalton fol. 227. 3. Robbers in or near the highway shal not have Clergy how much or how little soever they take away 1. Ed. 6. 2. P. Clergy 131. Nor he which robbeth any house by day or night any person being in the same or thereby put in fear nor he which robbeth any person at any part of his dwelling the owner his wife children or servants sleeping or waking within the precinct thereof Nor he which robbeth a Tent or Booth in fair or Market the owner his wife children or servants being within the same Nor he which robbeth any dwelling house or out-house thereto used in the day time though no person were therein of the value of five shillings or above Nor he which doth feloniously take goods out of any Church or Chappell see P. Clergy 13. Rome AGainst such as maintain the Authority of the Bishop of ROME see 5 El. 1. P. 1. 2. Against such as give or take absolution by any Bulls from ROME or shall obtain or get from the said bishop any manner of bull writing or other instrument or shal bring into this Realm any tokens or things called by the name of Agnus Dei or any Crosses Pictures Beads c. and their ayders see 13. El. 2. P. 2 3 4 5. 3 Against such as withdraw any from their obedience to the King and their Ayders see 32. El. 2. Poulton 7. 8. 4. Against such as extol any forraign power c. see 1. El. 1. 5 El. 1. P. Crown 2 6 7 8. 5. Against such as depart out of the Realm to ferve any forraigne Prince 3. Iac. 4. Poult Recusants 48. Sewers 1. THe Just of peace in their quarter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉 5. P. 3 4. 2. Six Justices of the peace two of them being of the quorum may for a whole year after expiration of a Commission of Sewers execute
the laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 El. 9 P. 16. Sheep 1. VVHosoever shall bring send or receive into any ship or bottom any rams sheep or lambs being alive to be conveyd out of the Kings Dominions or procure the same shal for the first offence forfe it all his goods for ever to the king and Informer and be imprisoned one year without bayle and then in some open Market in the fulness of the Market on the Market day have his left hand cut off and the same to be nailed up in the open place of such Market and for the second offence it is Felony 8 El. 3. P. 1 2 Just 15. 2. No person shall keep above 2000. sheep reckoning after sixscore to the hundred upon pain to forfeit for every sheep more 3. s 4. d. to the king and informer 25 H. 8. 13. P. 3. Just 15. Sheriffs 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts shall not shew to the party indebted the estreats sealed and Tor the same which is paid whereby the debt is another time demanded of the same person he shall pay to the party grieved his treble damages and make fine to the King 42. Ed. 〈◊〉 9. 〈◊〉 Estreats 2. Just 88. 2. If any Estreats of Issues hath been gathered of any person other then such as by vertue of the said Estreat was of right chargeable or charged therewith the offender shal forfeit to the King five Marks and as much to the party grieved 27 El. 7. 39 El. 18. P. Jurors 34. Just 99. 3. In every Estreats of Issues against a Juror his addition shall be put Ibidem 4. Justices appointed to oversee the Sheriffs Estreats shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum or in his absence by the eldest of the Quorum 11. H. 7. 5. P. Sheriffs 18. 20. 5. Sheriffes shall make no Estreats until two Justices have made the view of them which estreats shall be indented and the Justices have one part 11 H. 7. 15. P. 14. 18. 20. 6. Sheriffs must certifie the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County under the pain of 40. l. 1. of Edw. 4. 2. P. 12. The Justices shall award Processe against those which be indicted in the Sheriffes Turne Ibid. Poulten 13. Extortion in Sheriffe soe P. 5 6 c. Subsidie IF any person that ought to be set to the Subsidy shall by craft or covin escape tamation and that be proved before two Justices of the peace of the County he shall be charge d double so much as he ought to have been and be further punished at the discretion of the said Justices 7. Iac. 22. Swannes IF any person or other to his use use shal have or possess any mark or game of Swans of his own not having Freehold of five Marks per annum above all charges any other subject having Lands of that value may seize the said Swans as forfeited to the king and himself 22 Ed. 4. 6. P. 1. The penalty for taking or destroying Swans Eggs in their nest see Pheasants c. P. Hawks 3. 11 H. 7. i7 Tile-makers 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November or shal not stir and turn it til the first of Febr. following or shal not work it before the first of March following or shall not work and try it from stones veins and chalk or shall make or put to sale any plain Tile under ten inches and a halfe in length six inches and a quarter in the breadth and halfe an inch and halfe a quarter in thickness with convenient deepness or any gutter tile under ten inches and a half in length with a convenient thickness breadth and deepness they shall lose the double value to the buyer and a fine to the king that is to say for every hundred of plain tiles five shillings for every hundred of rough tile six shillings eight pence and for every hundred of corner tiles two shillings and after that rate for more or lesser i7 Ed. 4. 4. Poult i 2 3. 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein shal lose for every default ten shillings ibidem and Poulton 5. and Just 97. Toll 1. IF any Miller shall take excessive Toll or by heaped measure he shal be grievously punished 3 Ed. i. P. 2. Toll for Horses see Faires Tongues Eyes 1. TO cut out the Tongues or put out the Eyes of any of the kings liege people out of malice prepenced is Felony 5 Hen. 4 5. P. 1. Transportation 1. THe prohibition of transporting corn is to be made by the most part of the Justices of peace at their quarter Sessions 13 El. 13. P. Corn 7. 2. Whosoever shall against proclamation thereof made transportor carry out of this Realm any Corn Graine or Mault growing or made here of Beere Butter Cheese or Wood in any vessels except to Barweck or the Marches thereof without sufficient authority or any sea-fish or Herring 〈…〉 not taken by a naturall borne Subject here or shall by any means convey 〈◊〉 willingly consent to convey any of the said things to any vessel being on the sea or any place or haven of this Realm to be transported over sea or into Scotland without sufficient authority or if any person having licence to convey any of the said things shal fraught or lade his vessel or any part thereof at any more places than one only the owner of the vessel shall lose it the owner of the victual shall lose the double value and the Master and Marriners their goods and have a years imprisonment 1 2. Ph. M. 5. 13. Eliz. 11. 13 Poulton Corn 1. Iust 27. 3. It is lawfull to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation 1 Iac. 25. P. Corn 6 7 8. So may Beere be transported when Mault is not above sixteen shillings the quarter 3. Jac. 11. P. Corn 6. Traverse 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses Centempts Riots and other inferiour offences 2. To Traverse an Indictment is to take Issue upon the chiefe matter thereof which is none other to say than to make contradiction or to deny the point of the Indictment As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch which he and they whose Estate he hath in certain land there have used to scoure and cleanse A. may
A briefe SUMMARY OF THE LAVVES and STATUTES OF ENGLAND So far forth as the same do concerne the Office of Justices of the Peace Sheriffs Bayliffs Constables Churchwardens and other Officers and Ministers of the Commonwealth Together with Divers other Matters not onely acceptable for their rarity but also very necessary for their great use and profit for all persons but especially for such as bear Office in this Common-wealth Collected by Nicholas Collyn of the Honorable Society of Lincolns-Inne Esquire and sometimes Reader there and an ancient Iustice of the Peace Quorum in the County of Middlesex and one of the four Pleaders of the honorable City of LONDON LONDON Printed by T. L. for Mathew VValbancke at Grayes-Inne-Gate 1655. TO THE READER THis abridgement of the Laws and Statutes following was Penned by one that was an ancient Iustice of the Peace in the Country which he did for his own convenience and ease it being more plain and ful and yet more briefe and compendious then any abridgments that are in Print and an easie Pocket-book to be carried about with facility as occasion may be offered containing in few words most plainly fully the effects meanings of al laws Statutes that concern the Iustices of the peace either in their Sessions or out of the same or that do concern the offices of Sherifs Mayors Baylifs Constables Churchwardens Overseers for the Poor Surveyors of the High-ways and al other officers and ministers of the Peace and Common-welth This manuscipt w th som others wereleft by the Author or Collector with som of his neerfriends who are redy wiling according to his mind to make the same more comon that so it may be the more useful to al officers and Magistrates that have occasion to inform thēselvs what the substance of the Law and Statuts are that so they may per form their several offices and duties in such manner as they ought to do The penner here of did it the first for his own particular use not once intending any other thing but when some of his intimate friends who bore office in the Common wealth had once the knowledg of it and had perusedit they would never be vvithout it but made more use of it for a help to their memory than of any Printed Booke whatsoever And as it was profitable to som few so it may by the publishing of it be to many more for the future THE TABLE ALehouses c. fol. 1. Abjurgation see Recusants 5. Affray see Constables 18. Agnits Dei see Rome Apprentices see Labourers 11. Archery fol. 4. Armour fol 5. Arrow-heads see Archery 2. Artificers fol. 6. Assize of Bread and drink fol 8. B BAdgers c. fol. 9. Bark fol. 10. Barator ibid. Bailment see Prisoners 7. Bakers see Assize and Artificers 1. Bastardy fol. 11. Battery see Assault Beggars see Vagabonds Bigamy see Matrimony Bowyers see Archery Brasier see Pewter Brewer fol. i3 Bridges see high wayes 16. Buckstalls see hunters 5. Buggary and Burglary fol. 14. 15 Burning of houses fol. 10. Butchers fol. 16. Buts see Archery 3. C CAlves see Butchers 5. and Milch-kine Captaines c. fol. 18. Cattle see Forestallers 5. Certiorari see Removing of prisoners c. Champertors see Maintenance 2. Chance-Medly see Manslaugh ter Church and Church-yeard fol. 20. Church wardens fol c. 22. Clergy fol 24. Clerk of the Market fol. 25 Cloth ibid Confederacy see Masons Conjuration fol. 27. Constables fol. 29. High wayes fol 36. Cooke see Butchers Correction-house fol 37 Coopers fol 38. Corn fol. 40. Coroners ibid. Cottages and Inmates fol 42 Counterfeiting Letters and Tokens fol. 43. Crosbowes see Guns Currier see Leather Cutting out tongues see tongues Cutting of a pond head see Fish 3. Cutpurse fol. 43. D DEere see Hunters Dyers see cloth Disturbing see Preachers 1. Dogs see Hunters Drunkenness see Alehouses 2 4 Ducks see Pheasants 3. E EGs of Wild fowl see Wild-fowle Egyptians see Vagabonds Eyes see Tongues Escape fol. 44 Escheators fol 45 Estreats see Sheriffes 1 2 Evesdroppers see Good-behaviour Extortion fol 46 F FAlse Tokens see Counterfeitors Faires fol. 47 Pheasants fol. 49 Ferrets see Hunters Fighting see Church Fish and Fishers fol 52 Fish dayes and eating of Flesh fol. 54. Force and forcible Entries fol. 55. Forestallers fol 56. Forgery fol. 59 Forraigne power see Rome Fowle see Pheasants 3. G GAmes see Playes Goale see Prison Goldsmith and Gilding fol. 60 Good-behaviour ibid. Grayhound see Hunters 6 Guns fol 61. H HAbeas Corpus see removing of Prisoners Hares see Pheasants 36. Harvest see Labourers 3. Hawks and Hawking fol 64. Hay and Oats see Inholder Hedge breakers see Trespasse Herons fol-66 High waies fol. 67. Horses fol. 72. Horsbread see Inholders House-Doves see Pheasants Huy and Cry fol. 72. Hunters and hunting fol. 75. Husbandry and Tillage fol 78. I IEsuits see Recusants Imbracery see Maintenance Indictments fol. 79. Informer fol. 80 Ingrosser see Forestallers Inholders fol. 81. Inmates see Cottages 3. Inrollments fol. 81. Issues see Jurors 2 Iurors fol. 82. L LAbourers and servants and Apprentices fol. 83. Larceny fol. 88. Leather ibid. Lying in wait see Assault 3. Linnen-cloth see Cloth 5. Liveries and Retainers fol. 92 Logwood see Dyers M Mayme fol. 92. Maintenance fol. 93 Manslaughter fol. 94. Mariners see Captaines 4. Masons fol. 99. Market see Faires Masse see Preachers 7. Matrimony fol 99. Malt fol. 96. Milch-kine fol. 97. Miller see Toll Minister see preachers Misprision see Treason Mortuary fol. 98. Murder see Manslaughter Musters see Captaines 2. N NEts see Fish and Hunters 6. Night-walkers see Good-behaviour Nusances see High waies 6. 7 14 O OFficers see Constables and Church wardens Ordinary fol. 100. Overseers of the poore see Church wardens P PArliament fol. 200. Park see Hunters Parson vicar c. see preacher Partridges see pheasants Perjury fol. 101. Petty Treason ibid. Petty Larceny see Larceny Pewter and Brasse fol. 102. Pigeons see pheasants 3. Plague fol. 102. Playes fol. 103. Ponds see Fish Pope see Rome Poore people fol. 104. Poysoning see Manslaughter Preacher fol. 108. Priests see Recusants Premunire see Treason Presentment see Indictments Prison and prisoners fol. 111 Promoter see Informer Prophesying see Conjuration Purveyors fol. 116. Putting out Eyes see Tongues R RApe fol. 118. Recusants fol. 110. Regrators see Forestallers Removing prisoners c. fo 121 Repaire to the Church see Church 4. Rescues fol. 121. Restitution fol. 122. Retainers see Maintenance Riots Routs c. fol. 123. Robbery fol. 128. Rogues see Vagabonds Rome fol. 129. S SAcrament see preachers 2. Salmons see Fish Schoolmaster see Recusants Seale see Weights Searcher see Leather 1. 2. c. Seed Corn see Corn. Seminaries see Recusants Servants see Labourers Setting Dogs see Hunters 6. Sewers fol. 130. Sheep ibid. Sheriffe fol. 131 Shoommaker See Leather 17 Shooting see Guns Sope vessels see Coopers Souldiers see Captains c. Spinsters and carders see cloth 4. Stock of the county see Treasurer Stolne
he shall forfeit twenty shillings Ibid. 2. If any person having a Plow-land in Tillage or pasture keeping a draught or plough and shall not finde one waine or Cart furnished to worke eight hours every of the said dayes he shall forfeite for every of the said draughts making default ten shillings Ibid. A Plow-land is so much as one can plow in a year Dalt fol. 53. c. 3. If any of the carriages of the parish shall not be thought needful by the Surveyors to be occupied upon any of the said dayes then such person as should have sent carriage shal send for every such carriage so spared two able men to labour for that day upon paine to forfeit for every man not sent 12. d. 2. 3. P. M. 8. 5 Eliz. i3 29 Ed. 〈◊〉 P. 3. 4. If any housholder Cottager or Labourer having no Plough or draught shall not by himself or some other work eight hours of the said six dayes 〈◊〉 the highwayes he shal forfeit for every default it 〈◊〉 Ibid. P. 4. 5. Surveyors may by their discretion take other mens rubbish stones and gravel upon their grounds for amending the highwaies but must stop the pits again within one month after such diging upon pain to forfeit to the ow 〈…〉 5. Marks 5 El. i3 29. El 5. P. 5. 6. Surveyors may also turn a watâ—â— course being noysome to the highwayes into any mans ground adjoyning Ibid. P. 6. 7. If the hayes fences dikes or hedges neer adjoyning to any highway shall not be diked scoured repaired and kept low and all trees and bushes growing in the same cut down the owners shall pay for every default ten shillings 5 El. i3 i8 El. i0 P. 7. 8. If any Surveyor shall not within one month next after any offence donâ— against the meaning of these Statutes present the said offence to the next Justice of peace he shal forfeit for every offence not presented 40. s And the same Justice not certifying it at the next Sessions 5 El. 13. 29 El. 5. P. 8. 9. If any offender shall obstinately refuse to pay his forfeitures c. within 〈◊〉 dayes after lawfull demand he shal forfeit double the sum he should have payed Ibid. P. 9. 10. If any person being assessed in Subsidue to 5. l. in goods or 40s in lands â—hal not find two able men to yearly 〈◊〉 labour in the highwayes he shal be 〈◊〉 i8 El. i0 P. i2 11. VVhosoever shall occupy a plow-land in tillage or pasture lying in several parishes shall be chargeable to the making of the wayes in the parish where 〈◊〉 dwelleth i8 El. i0 P. i3 12. VVhosoever shall keep in his hands several ploughlands in severall parishes shal be charged with the repairing of the highwayes within the several parishes where the said lands lie 〈◊〉 El. i0 P. i4 13. Every person that shall occupy any Lands adjoyning to and highways where any ditching or scouring ought to be shal ditch and scour in his ground whereby to conveigh the water out of the highway upon paiâ— to forfeite for every rod not so done 12. d. 12 Eliz. 〈◊〉 P. 15. 14. Whosoever shall occupy any la 〈…〉 adjoyning to any highway leading 〈…〉 any Market town and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way and shall suffer it to lye there 〈◊〉 the space of six monthes to the anno 〈…〉 ance of the highway shall forfeite 〈◊〉 every load 12. d. 18. Eliz. 10. P 〈…〉 16. Where any soyle hath been so 〈◊〉 into the highway that there is a B 〈…〉 betweeen the said Highway and the Ditch the Surveyors and workm 〈…〉 may make Sluces to convey the wa 〈…〉 into the ditch Ibid. See 2. 3. Pl. M. 8. 18. El. 〈…〉 P. i0 ii i7 15. If any Lord of the soyle shal n 〈…〉 enlarge the highwayes from Market 〈…〉 Market so that no dike bush or Tr 〈…〉 except great be within two hundr 〈…〉 foot of each side thereof for the bett 〈…〉 preventing of Roberies and Murthe 〈…〉 he shall answer for any Felony d 〈…〉 therein and for Murther shall be fined at the kings pleasure Stat. Winche 〈…〉 13 Ed. 1. 5. and P. 18. 18. A remedy where it is not know 〈…〉 〈…〉 ho ought to make or repair Bridges 〈◊〉 H. 8. 8. 5. 1. 2. 3. 4. 5. and 〈◊〉 70. If a man of his owne accord shall â—ake or mend a Bridge this shall no â—nde him at any other time yet if he â—nd his ancestors or any Corporation 〈…〉 ave done it time out of mind although 〈…〉 ot of right yet such continuance shall 〈…〉 nd them and their heirs or successors 〈…〉 id Dalt â—ol 34. If a man make a Bridge for â—asement 〈…〉 his Mill and that decayeth the party or any other shall be charged to repair 〈…〉 is for it is no common passage Dalt 〈…〉 l. 34. Such as are chargeable to repaire 〈…〉 ridges may enter upon any other 〈…〉 ans Land or soyle adjoyning and 〈…〉 ay lay their stone time timber or 〈…〉 ther necessaries for the repairing ther 〈…〉 f and the owner of the lands shal have â—o action against them therefore be 〈…〉 use it is for the common good Dalt 〈…〉 l. 34. Horses THe Justices of peace in their 〈◊〉 ter lessions may enquire of h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the Sta 〈…〉 3â— H. 8. i3 33 H. 8 5. concorning 〈◊〉 keeping and breeding of Horses see 〈…〉 3 4 5 6 7 8 9 10 ii 12. Just 47 〈…〉 Horse 〈…〉 alâ—â—s nor their accessa 〈…〉 before nor after shal not have their c 〈…〉 〈…〉 〈◊〉 Ed. 〈◊〉 33. 3â— El. 〈…〉 P. Cle 〈…〉 Concerning stealing 〈…〉 Horses See faires c. Huy and Cry 1. ALL Huy and Cry ought to be made from town to town a 〈…〉 from countrey to countrey anâ— by horsemen and footmen otherwise 〈…〉 is no lawfull pursuit 27. El. i3 p. i. 9. 2. VVhosoever shal raise Huy and Cry without cause or being raised upon good cause shal refuse to pursue and arrest Felons or such as have dangerously hurt any man shall be fined at the Kings pleasure 3. Ed. i. 9. P. i. 2. Huy and Cry shall be levied against him that will not obey the VVatch in the night VVhat the party robbed ought to do which will take any benefit by vertue of the Stat. of Huy and Cry 27 El. i3 P. 8. i0 Hunters and Hunting 1. VVHosoever shal in the night unlawfully enter c. and hunt take or kil any Conies shall suffer three monthes imprisonment pay to the party grieved treble damage and cost and be bound with sureties to be of good behaviour seven years after 3 Iac. 13. P. Forrests 9. ii 2. VVhosoever shall by night or day unlawfully enter into any Parke
impaled or other severall grounds inclosed for the keeping of Deer and there unlawfull hunt drive or chase out or take kill or slay any Deer against the will of the owner or occupier of the same shall suffer three monthes imprisonment pay to the party grieved ten pound or treble damages and costs at his election 7 Iac. 13. Quaere if he shall not be also bound to the good behaviour for seven years after according to the Stat. 3 Iac. i3 3. To hunt in the night in any Forrest Park or VVarren with Vizors or other disguisements and to conceal the same or any offender upon examination before a Iustice of the Peace or to disobey any arrest for such hunting or to make rescues thereupon is Felony but to confesse the truth is against the King but trespasse fynable by the Iustices at the next Sessions 1 Hen. 7. 7. Poult 4. Iust 16. 〈◊〉 VVhosoever committeth trespass in Parks shall make great amends to the party be three years imprisoned and bound with sureties not to commâ—â— the like offence and be also fined at the Kings pleasure VVestin i. 3. Ed. i. 22. P. Forrests 3. 3. VVhosoever having no Park c shall keep or cause to be kept any D 〈…〉 Hayes or Bustalls shall forfeite for every month tenne pound to any that will sue for it by action of debt c. The like penalty for every time for any that shall stalke or cause others to stalke with bushes or beasts at any Deer without the license of the owner i9 Hen. 7. 1i Poulton 2 3. Iust 35. 6. VVhosoever shall have or keep any grayhound for coursing of Deer or Hare or setting Dogge or Net to take Pheasants or Partridges unless he have inheritance of ten pound per annum Freehold of three pound per annum or is worth in goods two hundred pound or be the sonne of a Knight c. or son and heire of an Esquire c. shall be three monthes imprisoned unlesse he sorthwith pay to the use of the poor there 40. s i Iac. 27. and P. Pheasants 7. If any Artifycer Labourer or other Layman not having Lands or Tenements of 40. s pe annum or any Spirituall person not having Living worth i0 l. per annum shall have or keep any Grayhound Hound or other Dog to hunt or shall use Ferrets Hays Nets Harepipes Cords or other engines to take or destroy Deer Hares Conies or other Gentlemens Games he shall be imprisoned by the space of a yeare i3 R. 2. i3 P. 1. and Iust 36. And if any person not having Lands c. of the cleare yearly value oâ— 40. l. or not worth in goods 200. l. shal shoot with gun or bow at Deer or Conies or shal keep any buckstals or engins hayes gate-nets purse-nets ferrets or coniedogs except Keepers VVarrenners and owners of Parks and can make 40. s per annum of the increase of Conies every man having i00 l. per annum may seize and take and keep to his own use for ever such Guns Bows buckstalls c. 3. Iac. i3 P. F orests i0 See Pheasants 6. See Pheasants 3. See Hawking in Corn 2. Husbandry and Tillage SEE 39 El. i 2 P. i c. Iustice 44. VVhosoever shall offend against the said Statute shall forfeit 20. s for every Acre of land converted from Pasture to tillage whereof one third part to the Kings owne use one other third part to the King for relief of the poore of the Parish and one other third part to any that will sue for it 39 El. 2. P. 24. Note that no offender shall be impeached or sued by vertue of this Act unless such suit be commenced within two yeers after the offence done ibid. P. 26. Indictments and Presentments 1. ALL Indictments and Presentments ought to containe certainty and therfore most commonly five principal things be requisite in Presentments before the Iustices of the Peace 1. The Name Sirname addition of the party indicted 2. The yeer day and place in which the offence was done 3. The name of the person to whom the offence was done 4. The name and value of the things in which the offence was committed 5. The manner of the fact the nature of the offence as the manner of the Treason Murder Felony Trespass vid. Iam. fol. 487. VVhat words not necessary in Indictments See 37. H. 8. 8. P. i. Process against Inditers in another County 5 Ed. 3. 14. P. 5. Indictments of persons dwelling in forreign Counties 8 H. 6. 10. P. 3. Process upon Indictment of Felony See 25. Ed. 3. 14. p. 5. VVhere Iustices of the Peace may charge one Enquest to Indict another 3 H. 7. 1. P. Iurors 9. Iust 45. By what persons and by whom impannelled all Indictments shall be made P. Iurors 7. Indictments taken before Sheriffes in their Turns shall be delivered to the Iustices of peace of the same Shire under the pain of â—0 l. 1 Ed. 4. 2. P. Sheriffs 12. Iustices of peace may award process against them that be indicted in the Turn ibid. p. 13. Informer IF any Informer or Promoter shall compound or agree with any person for any offence against any penall Law without the order or consent of some of the courts at VVestm or shal willingly delay or discontinue his suit once commenced he shal lose 10. l. and stand on the Pillory two hours 18. El. 3. 5. 27. El. 10. P. Action popular Inholders 1 NO Inholder dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years shal within his own house make any horse-bread nor dwelling in any other through-faire shall make it insufficiently and not of due Assize upon paine to forfeit the treble value 13. R. 2. 8. 32. H. 8. 41. P. 2. Iust 50. No Inholder or Hostler shall take any thing for Litture nor excessively for Hay nor above a halfe penny in a bushell for Oates above the common price in the Market upon pain to forfeit the quadruple value of that which he shall take more 13. R. 2. 8. 4 H. 4. 25. P. 1. and Iust 50. Inholder keeping misorder see Ale-houses 1. c. Intolements ALL Deeds to be inrolled must be inrolled within six month after the date reckoning 28. days to every moneth and must be indented Revera And if it have no date then within the six monthes after the delivery and if it be inrolled the last day of the six monthes it is good and any one Iustice of the Peace may joyn with the Clerk of the peace in taking the inrolement of an Indenture of bargaine and sale of Lands c. lying in the County where he is Iustice 27 H. 8. 16. P. 1. Jurors Juries and Enquests 1. IF any Iuror in an enquest shal take any thing to make
his presentment favourable he shall forfeit decies tantum 〈◊〉 he have not so much he shall be one yeare imprisoned 34 Ed. 3. 8. 38 Ed. 3. 12. P. 4. 2. If a Iuror be returned without an addition by which he may be known the party that returned him shall lose 5. Marks to the King and as much to the party grieved The like penalty for gathering issues when they are not due 27. El. P. 33. 3â— See more concerning Iurors P. 1. 8. c 3. Iurors to enquire of forcible entry ought to have Lands or Tenements of the clear yearly value of 40. s 8 H. 6. 9. P. 12. 4. Iurors returned to enquire of a Riot Rour or unlawfull Assembly must have Lands in that County of 20. s per annum of Freehold or 26. s 8. d. of Coppyhould ultra reprisas upon every of which the Sheriff ought to return 20. s in Issues for the fyrst day and 40. s at the second day 19. H. 7. 13. P. Riots 14. But if it be upon a Commission then the Iurors ought to have 10. l. per annum at least ibid m. P 6. Labourers 1. IF any Clothier Taylor Shoomaker Tanner Baâ—er Miller c. shall retain any servant to work in his Science or Art for less than a year the Retainer shal be void 5 El. 4. P. 1. 2. VVho are compellable to work in Handy-crafts and Husbandry ibid. P. 2. 3. 3. VVho are compellable to work in Harvest P. 13. 4. If any person shall give any wages contrary to the rates of wages of servants and Labourers appointed and proclaimed he shall be imprisoned i0 dayes without bayle and forfeit 5. l. and every person taking such wages and being thereof convicted shall be imprisoned 2i dayes without bayle 5 El. 4. P. 4. How the wages shall be rated See P. Iust 66. 5. If any person shall put away his servant before the end of the terme without a reasonable cause allowed by a Iustice of the Peace or at the end of his term without a quarters warning before given he shall forfeit 40. l. 5. El. 4. P. 5. And if any servant shall depart without such cause before the end of his term or at the end thereof without such warning given before two lawfull witnesses he shall be imprisoned without bayle till he be bound to the party to serve and continue with him ibidem P. 6. 6. If any person retained in husbandry or other the Arts before mentioned shall after his retaine expired depart out of one Country City Town or Parish to another without a Testimonial declaring his lawful departure he shall be imprisoned till he procure such Testimoniall which if he cannot do within 2i dayes after the fyrst day of his imprisonment then he shal be whipped and used as a Vaggabond ibidem P. 7. And every person which shal retain any such servant without shewing such Testimoniall shall forfeit for every such oftence 5. l. 5 El. 4. P 8. And if any such persons shall be taken with a counterfeit or forged Testimoniall he shal be whipped as a Vaggabod P. 8. 7. How long workmen shall continue at their Labour 5. El. 4. P. 9. 8. If any shall undertake work by the great and shall unlawfully depart before it be fynished he shall forfeite 5. l. to the party from whom he shall so depart and be Imprisoned a month 5. El. 4. P. i0 9. If any Servant VVorkman or Labourer wilfully and maliciously make any assault or 〈…〉 ray upon his Master or Dame or other person having the Charge of such workers or work hee shall suffer one years imprisonment or less at the discretion of the Iustices and such further punishment as they shall think fit not extending to life or limb 5. Ric. 2. P. i2 10. VVomen of the age of i2 yeares and under 40. and unmaried may be compelled to serve 5 Eliz. 4. and P. i4 11. Servants of the age of 18. yeares and not being an Apprentice going away with or converting to his owne use any Money Iewels Plate Good or Chattels of his Masters or Mistris and of his or her delivery to keep of the value of 40. s to the intent to steale the same is Felony 21 H. 8. 7. 5. El. i0 P. Stealing 1. Labourers Servants and Apprentices 12. VVhosoever shal take an Apprentice contrary to the Law shall forfeit for every Apprentice 10. l. 5 El. 4. Poulton 2. 6. 13. VVhosoever shall exercise any art or manuall occupation used 5 El. not being brought up therein as an Apprentice seaven years or shall let any to work in it which is not a workman or Iourney-man by the year or hath served as an Apprentice 7. years shall forfeit for every month 40. s 5 El. 4. P. 20. 14. If any disagreement shall be between a Master and his Apprentice which cannot be reconciled by a Iustice of the peace c. for want of conformity in the said Master then the said Iustice shall take bond of the Master to appear at the next Sessions and upon his appearance and hearing of the matter the Iustices there or four of them at the least where of one to be of the quorum may discharge the said Apprentice by writing uuder their hands and seals or punish him as by their discretions shal be thought meet 5. El. 4. P. 25. An Apprentice cannot be discharged unless by writing How and by whom any money given to any Town for binding out Apprentices shall be imployed see 〈◊〉 Iac. 3. Servants departing into another shire vide P. â—8 Labourers or Workmen conspiring for the order of their work see Artificers Larceny petty Larceny WHosoever shall feloniously take the Goods of another exceeding the value of i2 d. removed from the body or person it is Larceny a 〈…〉 and punishable by death except he be saved by his book But if the thing stolne be under the value of i2 d. it is petty Larceny and not punishable by death but he shall forfeit his goods and chattels Leather Tanner Currier SEE i Iac. 2. and P. 4. A Tanner shall not use any other Trade cutting or working Leather simul semul upon paine to forfeit the hides and skins i Iac. 22. Poulton 5. See i Iac. 22. P. 9. 3. VTho may buy rough hides or Calves skins or tanned Leather not wrought ibidem P. 6. 8. 4. If a Tanner shall raise his hides with any mixtures contrary to the Statute he shal forfeit the same hides i Iac. P. i0 5. VVhosoever shall put to sale or depart with any untanned Leather red and unwrought but in open Faire or Market in the place thereof prepared unlesse it hath been fyrst lawfully searched and sealed according to the Stat. or shall offer to put to sale
2. If any person authorized to sell Wine by Retaile shall sell the same above the Prizes thereof limited by the Kings Proclamation if there have been any and shall be convicted within a yeare after he shal lose for every Galion 3. s. 4. d. and so after that rate 28 H. 8. i4 5 El. P. Just 94 95. 3. If any shall deny to sell Wines at the Prizes assessed they shall forfeit the value of the Wine so desired to be bought and the Justices may upon request enter and sel the same desired to be bought according to the prices set down and take the buyers money towards the satisfaction of the forfeiture 24 H. 8. 6. P. 3 4. VVoods IF a Lord or owner of Woods or under Woods and the Tenants or Inhabitants having common therein cannot agree in dividing the fourth of the said Wood but shall desire the aid of the Justices of the peace of the same shire where the Wood lyeth the more part of such Justices not being a kin to the said Lord or owner shall sever and set out the said fourth part of such wood 35. H 8. 17. P. 8 9. Wooll and Yarn IF any shall buy woollen Yarn and not make Cloth thereof he shal forfeit the Yarne and foursold damages and be two years imprisoned and fined 8 H. 6. 5. P Yarn 4. 2. If any shall buy wooll but of the owner of the Sheep and Tyth he shall lose the value thereof E. 4. R. 2. 4 P. 1. RESOLUTIONS OF THE IUDGES OF ASSIZE UPON Certain QUESTIONS touching Parishes c. Mich. An. Dom. MDCXXXIII LONDON Printed by T. L. for M. Walbancke MDCLV RESOLUTIONS OF THE IUDGES OF ASSIZE UPON Certain QUESTIONS touching Parishes c. Mich. An. Dom. 1633. QUEST I. VVHether the churchwardens and overseers of a parish with the assent of two Justices of Peace one being of the quorum may by the Statute of 43 E. cap. 2. or any law enforce a parishioner of the same Parish to take a child of a poore Parishâ—oner of the same Parish who is not able to keep his said Child to be an Apprentice Resol The Statute of 43 Eliz. which saith that the Churchwardens and Overseers of the parish shall put out children to be Apprentices necessarily implyeth that such as are fit must receive such Apprentices and the putting out of poor children is one of the best wayes for providing for the poor quest II. If they may then whether they must give money with him and who shall determine what summe shall be given if the party that is to take such Apprentice and the Churchwardens Overseers of the poor cannot agree thereupon Resol There is no necessity that money must be given but that must be left to the discretion of the Overseers all circumstances of age and ability considered and if they cannot agree with the party then the Justices of the peace neare adjoyning and in their defaults the Sessions of peace are to determine the controversie quest III. VVhether a Knight Gentleman Clergy-man or Yeoman or one that is a Sojourner using Husbandry Clothing Grazing or the like may be inforced to take such an Apprentice Resol Every man who by his Calling or Profession or manner of Living entertaineth and must have the use of other servants of the like quality must entertain such Apprentices wherein discretion must be guided upon consideration of all circumstances quest IIII Whether a wealthy man keeping few or no Servants nor wanting a servant but living privately may be enforced to take such an Apprentice if not then whether he may be taxed towards the putting forth of such an Apprentice Resol For the receiving of such Apprentices The Answer may be referred to the Question next before but out of doubt every such person must contribute to the charges as to other charges for the provision for the poor quest V. Whether they may enforce a parishioner of one parish to take such a child apprentice that is of another parish but within the same County or Division if the proper parish be notable to provide for the children of the parish Resol The Justices may provide Masters for them in other parishes within the same Hundred and if the Hundred be not able then out of that Hundred in the rest of the County as for the provision for the poor quest VI. If such a Parishioner may be enforced to take such an Apprentice and shal refuse to take such Apprentice but also be bound to appear at the next quarter Sessions or Assize what shal be done then Resol If any refuse let such a one be bound to the next Sessions or Assizes if he refuse to give such bond let him be sent to the Goale there to remain until he wil give such bond quest VII If such a Parishioner who refuseth to take such an Apprentice shal be bound over to the Sessions for not taking such Apprentice and when he appeareth there shal likewise refuse what shall be done unto him and what shall be done to the parents of such children who refuse to suffer their Children to be put out Apprentices themselves not being able to maintain them Resol If at the Sessions or Assizes such one refuseth to take such an Apprentice and his excuse be not allowed it is fit he be bound to the good behaviour And as it will be a good course to indict such a refuser for a contempt and thereupon to fine and imprison him if he refuse to be bound to the good behaviour let him be imprisoned till he will and the Kings book of Order directs that such be bound with good sureties at the Counsel-Board And if the Parents of such poor children do not suffer their children to be bound Apprentices or being bound to entice them away themselves not being able to maintain them let them be committed to the house of Correction Quest VIII Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute Law if the party indicted shall submit himself to the fine of the Court and wave the Traverse Resol If the party be convicted or confess the fault it is not in the power of the Court to mitigate the fine in such cases where the Statute makes it certaine but if the party indicted confess his innocency yet quia noluit placi tare cum dom rege put himself up into the grace of the Court the Court may impose a moderate fine and order to forbeare the prosecution quest IX If a man be bound to appear at the Sessions and shall tender submission to the Court whether the Sessions may stay the indictment and mitigate the fine as aforesaid upon the confession of the fact Resol This is answered before in the next precedent Article quest X. If a man be convicted for being drunk tipling or keeping an unlicensed Alehouse or being licensed for suffering others to remaine tipling in his house or for swearing or for driving
dores Resol The Justices shall do very welto allow none but in places sit for their sâ—ituaâ—â—on and user and to moderate the number quest XXXVII A man for his quality otherwise sit to be a Constable or other officer of that nature procures himself to be the Kings Servant extraordinary and by that would excuse himself to serve in the country Resol A servant extraordinary may wel perform his ordinary service in the Country according to his quality THE IVDGES OPINIONS Concerning The Commissions by which the Iustices sit at Newgate viz. Goale-Delivery and Oyer and Terminer MDCXXXIII LONDON Printed by T. L. for M. Walbancke MDCLV THE Iustices OPINION Concerning the Commissions by which the JUSTICES sit at Newgate viz Goal-delivery Oyer and Terminer MDCXXXIII THe Justices of Goale-Delivery there may try all Prisoners in the Goale or by baile or such as being Indicted wil render themselves generally for all Felonies and also for such other offences as are particularly assigned to them by Statute The Statute of 4 Edw. 3. cap. 2. doth give them power to receive Indictments against prisoners and such as are upon bayle and to proceed to try the same viz. Indictments taken before the Justices of the peace and by equity thereof all Indictments before Coroners 3 Mar. Bro. Commission 29. saith that the Commission is Ad deliber and. Gaolas de Prison in eisdem existen but they cannot take indictments as Justices of Goal-Delivery but being Justices of the Peace they may take Indictments and then try the same or else to receive Indictments taken before Justices of the Peace but it standeth with reason that they may take Indictments against Prisoners but not against them that are at large For in as much as power to deliver the Goale is given them consequently they must have means to do so which is by Indictments Ideo quaere Howsoever it is clear they may enquire of many offences and take Indictments in such cases where power by any Statute is given to the Justices of Goale-Delivery to make enquiry of When an Indictment is taken before Juscâ—ces of Goal Delivery in such cases where they have authority by Law or St. it there the title of the Indictment is that apud Go alam deliberat tent before the Commissioners of Goal Delivery I. S. was indicted and the Record must be made up so And whereas by vertue of the Stat. 4 Ed. 3. Indictments taken before Justices of the peace or Coroner or any other against prisoners then the Entry of the Indictment is returned Memorand quod ad generalem Sessionem tent Before A. B. Iustic ad pacem in Com. M d. or London I. S. was indicted and tryed before Justices of Goal-Delivery and by vertue of the said Statute Indictments taken before Justies of the Peace in London or Middlesex and tryed before Justices of Goal-Delivery The Commission of Oyer and Terminer is ad inquirend determinand they may enquire of all the offences mentioned in the Commission allbeit the Offenders be at large But they cannot try Prisoners upon Indictments taken before any other then themselves as the Justices of Goale-delivery may by the aforesaid Stat. unless there be a speciall Commission made as it was in the case of the Earle of Leicester mentioned in Plowdens Commentaries For the ordinary Commission of Oyer and Terminer is ad inquiread audiend de eâ—minand therefore they cannot determine things unless they made enquiry first and on the other side also the Justices of Goale-Delivery may try Indictments taken before Justices of the Peace yet if one be indicted before Commissioners of Oyer and Terminer the Justices of Goale-delivery cannot try the same because the Records of the Commission of Oyer and Terminer are to be returned into the Kings-Bench 24 E. 3. 31. The Commission was and the Records of the proceeding before the Justices of Goale-Delivery are to be returned to the Custos Rotulorum of the County when the same persons are Justices of Goale-Delivery and Oyer and Terminer they may sit the same day and place and enquire by the same Jury but the Entry of the Records must be severall according as the Indictment is At the Assizes in the Countrey the Justices have their severall power as Justices of Goale-Delivery Oyer and Terminer and Justices of the Peace but when the Records are made up they must be according to the power they made election to proceed upon this is the regular and legall course But the Clerks of Assize promiscuously made Entry thereof But if a Wâ—â—t of Errour be brough they must certifie according to Law or else it were erronious and so upon a Certiorar The Sessions of peace at London may begin at Guildhall and there adjourn to Newgate if some Indictments be at Guildhall then these must be so certified if otherwise at wewgate then the Adjournment must be mentioned and that the Indictment was then taken Note that the tryall of Indictments taken before Justices of the peace of London cannot be tryed at Newgate as in nature of a Tryall before Justices of the peace of London for many of the Commissioners for Goal-Delivery are not Justices of the peace for London But in such case the Tryall must be before the Justices of Goale-Delivery as upon Indictment taken before Justices of the peace of London and in like case of Indictment taken before Justices of the peace in Middlesex But if Indictments at Newgate be originally taken before Justices of Goale-Delivery then it is considerable how the Jury sworn and impannelled to enquire at the Sessions of the peace for London or Middlesex serve to present Indictments before the Justices of Goale-Delivery at Newgate unless the custome and usage wâ—l warrant that the two several Juries sworn at the Sessions of the peace for London or Middlesex and also by the same oaâ—â— and impanelling to serve for the Grand Jury for the Com. of Gaole-delivery and Oyer and Terminer Upon conference with Mr. Keeling and the Clerks for Newgate of London and Middlesex and the clerks of Assizes and view of their severall Entries a more mature and certain resolution may be given this being in hast and without such consideration as were requisite CORONERS of their Office and of their Authority And where a man shall Approve and where not And which shall be good Appeals for Approvers and of the answers unto them And where a man shall have Sanctuary and where not And where a man may Abjure and where not NOte that the Office and Authority of a Coroner is to sit super visum corporis of them that die otherwise than by the visitation of God and to take sufficient Record of the view Also to Abjure them that ought to be Abjured and for to record that And also to Record Appeals and Accusations of Felons that approve 22 E. 3. And unlawfully to take Pleas of the Crown and to present them as it appeareth in the Stat. of VVestm the first cap. 10.
20. l. or c. and suffer the punishment of the pillory and lose one of his ears and never be credited in matter of judgment 2 Ed. 6. 15. P. 1. and Iust 56. Artificers are compelled to work in Harvest See Labourers None shall occupy any Art but which hath been an Apprentice See Labourers Assault 1. IF any shall commit unlawful Assault beating wounding or such like trespasses against the body of any one or shall with force and aginst the Law take the goods of another or shall do any trespass in the Lands of another they shall be imprisoned and punished according to the offence by the Justices discretion But the fines which they assess must be reasonable having regard to the quantity of the trespass and the cause 2. Ed. 3. 6. 33. Ed. 3. 1. P. Just 18. A servant or Workman assaults his Master See Labourers Whosoever shall lie in a wait to rob Maine or Kill another shall be imprisoned and fined See Poulton Just 18. Assize of Bread and Drink 1. IF any common Brewer Baker or Tipler have broken the Assize of Bread Beer or Ale he shall be fined by the discretion of the Justices c. And if any Steward in Leet or Officer in Market Town shall take any fine for breach of the Assize of Bread or ale in such cases where corporall punishment is appointed he shall be grievously fined 51 H. 3. 13 Ric. 2. 8. 3. If a Baker or Brewer shall break the Assize the first second and third time he shall be amerced according to his offence except it be great but if his offence be great or that he doth offend a fourth time or oftner then the Baker offending shal be set on the Pillory and the Brewer punished by the Tumbrell which shall not be pardoned for Gold nor Silver 51 Hen. 3. P. Weights and Measures 15. Badgers Laders Drovers 1. ALl licences made to any badger Lader Kidder or Carrier of Corn Drover of Cattel Buyer or Transporter of Corn and Grain Butter and Cheese otherwise than in the open general quarter Sessions of the peace holden in the Shire where the party admitted assigned or allowed doth or by the space of three years before the Test of this Licence hath dwelled or other then to such persons as is or hath been married is ahoushoulder no houshould servant or retainer and thirty years of age at the least or to have continuance for more then one year or which beareth not date the day and place where the Sessions is holden or is not signed and sealed with the hands and seals of three Justices of the peace at the least there present whereof one to be of the quorum shall be void and the party which taketh the same shal forfeit 5. l. to the King and Informer 5. El. 12. and P. 2. 2. Whosoever shall by authority of such license buy any Corn out of open Fair or Market to sell the same again except he be thereunto specialy licenced by express words in his Licence shal forfeit ut antea 5. l. 5 El. 12. P. 1. Bark 1. VVHosoever shall got into his hands any Oaken-bark to the intent to sel the same again shall forfeit the barks or the full value thereof i Iac. 22. P. Leather i4 2. Whosoever shal sel any trees meer to be barked where bark is worth 2. s 2. load without the charge of barking and pilling timber for necessary building or reparations of houses ships or mils excepted but between the first day of April and the last of June shall forfeit for every tree the double value thereof i Iac. 22. P. Leather 15. Barator 1. A Common Barrator is he who is either a common mover or stirrer up or maintainer of suits in Law in any Court or else of quarrels in the County and not only in one or two but in many causes Such persons may bee bound to the peace or good behaviour and may be imprisoned and punished according to the Justices discretion 2 Ed. 3. 6. P. Justices i8 Bastardy HE that is suspected to have gotten a Bastard ought to be bound to the good behaviour to the end he may be forth comming when the child shall be born Lam. i2 Two Justices of Peace one of them being of the Quorum in or next to the limits where the parish Church is in which parish any Bastard begotten and borne out of lawfull Matrimony shall be born upon examination of the cause and circumstances shall and may take order by their discretions as well for the reliefe of the parish and keeping of the child by charging the mother or reputed father with the payment of money weekly or other relief as also for the punishment of the mother and reputed father i8 El. 3. If the mother or reputed father upon notice thereof shall not perform the order of the Justices subscribed under their hands such persons so making default shall be by the same Justices committed to the common Goale there to remain without baile or mainprise except such persons shall put in sufficient sureties to perform the said order else appear at the next Sessions of the peace to be holden in that County and also to abide such order as the Justices or the more part of them shall there take in that behalf and if they take no order there then to abide the order before made ibid. P. 1. That the Mother may be examined upon Oath concerning the reputed Father By the Stat. 7 Iac. every such lewd woman shal be sent to the house of correction there to be punished and set to work for a year and if she shall oft soons offend so again then to be committed to the said house of correction as aforesaid there to remain until she can put in sureties for her good behaviour not to offend so again But such a bastard child must be one that is left to the charge of the parish or like to be chargeable to the parish 7 Iac. 4. If the lustices may punish the Mother by force of the Stat. 18. Eliz. and after send her to the house of correction because Nemo debet his puniri pro unodelicto The mother may not be sent to the house of correction before the child be born Dalton Such child is not to be sent to the house of correction with the mother but rather to be kept in the town where it was born and there to be relieved by the work of the mother and by reliefe commonly from the Father yet it is commonly used to send the child with the mother to the house of correction de eo quaere Brewer 1. IF any brewer which breweth beer or ale to sell shall by himself or other to his use occupy the mystery of Cooper or make Barrels c. or other vessels of wood wherein to put his Beer or Ale to sale he shall forfeit for every
give such recompence to the party grieved as the Justices shal think sit and if they be not able then to be whipped and set in the stocks near the place where the offence was committed 7 Iac. 7. 5. If any person shall wittingly use any deceitful art or means with Linnen Cloth whereby the same is made worse for the use thereof he shal forfeit his said Cloth and suffer one monthes Imprisonment at the least and pay such fine as shall be assessed by the Justices 1 Eliz. 12. P. Linnen cloth 2. Dyers and Dying THe default and punishment of Dyers 23 Eliz. 9. 39. Eliz. 11. Poul Drapery 65. Just 82 Conjuration Witchcraft Prophesying 1. WHosoever shall use Invocation or Conjuration of any evil spirit or shal consult covenant with entertain imploy feed or reward any evil Spirit for any intent or shall take up any dead man woman or child or any part of any dead person to be used in any manner of Witchcraft Sorcery Charme or Inchantment or shall use Witchcraft Inchantment Charm or Sorcery whereby any person hath been killed destroyed wasted consumed pined or lamed in his body or in any part thereof shall together with his Aiders Abettois and Councellors being Lawfully convicted suffer death as a Felon and not have the benefit of Clergy i Iac. i2 and P. 1. 2. VVhosoever shall undertake by VVitchcraft Inchantment Charm or Sorcery to tel in what place any Treasure of Gold or Silver may be sound or to the intent to provoke any person to unlawful Love or to impare or destroy any persons Goods or Cattle or to hurt any person in body although the same were not effected shaâ—l for the first offence suffer Imprisonment by the space of one whole year without Bail and once every quarter of the said yeare shall in some Market-Town on the Market or Faire day stand openly on the Pillory by the space of six hours and there openly confesse his fault and offence 1. Iac. i2 Poult 2. And for the second offence shal suffer death as a Felon and not have Clergy ibid. P. 3. 3. Whosoever shal advisedly advance publish and set forth by writing printing open speeches or deed to any other person any fantastical or false Prophesie upon Arms Fields Beasts or Badges or upon any Time Name Bloudshed or War to make thereby Rebellion dissention loss of life or other Disturbance within the Kings Dominions shal for the first offence be imprisoned a year without Bail and forfeit to the King and Informer 10. l. And for the second offence be imprisoned during life without bail and forfeit to the King and Informer all his Good and chattels 5 El. i5 and P. Prophesying Constables 1. EVery Constable ought to be Idoneus homo that is to say apt and fit for the execution of the said Office and he is idoneus who hath these three three things viz. 1. Honesty 2. Knowledg 3. Ability 1. Honesty to execute his office truly without malice affection or partiality 2. Knowleege to understand what he ought to do 3. Ability as wel in substance or estate as in body that so he may attend and execute his office diligently and not through impotency of body or want to neglect the place And if any shal be chosen constable which is not thus enabled and qualified he may be discharged Dalt s 37. 2. All constables and other Officers ought to be attendant and assisting to the Justices of Peace for the execution of the Stat. 33. 37. H. 8. concerning Retainers giving of Liveries Maintenance Embracery Bow-staves Archers unlawful Games Fore-stallers Regraters Victuallers and Innholders upon pain to be fined by the discretion of any two Justices of the peace P. Just 20. 3. If a Constable or such other Officer shal arrest one for Felony and after suffer him to escape it is Felony in such constable of whatsoever other kinde the offence be if the Officer shall by his will or negligence suffer the party to escape he shall be fined which Fine shall be equal with the value of his Goods if his fault do so require See the Duties oâ— constables f. 22. 4. If a constable or other head Officer shall be requested to resist Purveyor which refuseth to make ready payment of any Purveyance not exceeding forty shillings and he notwithstanding shal not aide and assist such ownâ—r he shal pay to the party grieved the value of the thing taken and his double damages 20 Hen. 6. 8. Poulton Purveyors 22. Just 58. 5. If the Constable or other such Officer of any Township upon request made and for the avoiding the loss of Corn or grain or Hay in the time of Harvest shal not cause all such Artificers and Labourers as be meet to Labour by his discretion to serve by the day for the moowing reaping or inning of corn or Hay according to the skill and quality of the person and such as refuse to imprison in the stocks by the space of two dayes and one night he shall forfeit 40. s 5 El. 4. P. Labourers 13. 6. If Constables and Tything-men shal not make privy search within their limits for Rogues and Vagabonds according to the Statute 7 Iac 4. Or shal not safely convey all such Rogues and idle persons at the charge of the Hundred as by the Justices Warrant shall be sent to the house of correction they shall forfeit such Fines as the Justices shall think fit not exceeding forty shillings for every such offence 7 Iac. 4. 7. If any Constable or Tything-men shal not do his best endeavour to apprehend such rogues as beg 〈…〉 bide within his limits or shal not cause them to be punished and conveyed away according to the Stat. 39 El. 4. hâ— shal forfeit for every default 20. s ibid. and i lac 7. P. Vagabonds 5. and vide P. ii how this forfeiture shal be imployed 8. If any Constable Headborough or Tythingman shall not punish and convey every Rogue and Beggar that shall be brought and set on land here from Ireland Scotland or the Isle of Man according to the Law he shal forfeit for every default i0 s 39. El. 4. P. Vagabonds 6. 9. If any Officer wil not receive a Rogue to convey him according to the Law he shall forfeit five pounds P. Vagabonds 5. And if any being a sturdy or imputent Rogue shall be sent to a Towne where he ought to be sent and shal be refused that person refusing shal forfeit 5. l. And he that is sent is to be offered to the Churchwardens and Over-seers To send Rogues by a general Pasport is a forfeiture of 5. l. 10. If any constable or other inferiour Officer shall not whippe such hedge breekers robbers of Orchards and Gardens cutting of Corn and Wood c. as shall be for that purpose committed to them by a Justice of the peace
that with his own mark he shal forfeit 3. shil 4. d. 23 H. 8. 4. P. 2. 3. Whosoever shal make any Vessels that being empty containeth not 32. Gallons for the Barrel 16. for the halfe Barrel and eight for the Firkin or weighed above 26. pounds the Barrel the halfe Barrel 13. and 6. and a halfe the Firkin shallose 3. shil 4. d. for each one 23 H. 8. 4. 4. Whosoever shal diminish any Vessel to deceive another shall forfeit 3. sh 4. d. and be further punished at the discretion of the Officer 23 H. 8. 4. P. 3. Corn. IF any person shall buy Corn in any Fair or Market for change of hi 〈…〉 Sed having then sufficient for hi 〈…〉 house and for sowing of his ground for a year and shall not bring thither if he might somuch as he did so bu 〈…〉 and the same day sell it after the price then going he shal lose double the value of the Corn so bought 5 Ed. 6. i4 i3 El. 25. and P. 30. Transporting of corn see Poult 〈◊〉 c. Coroners 1. WHo shal be Coroners and of whom and where they shal be chosen and of what thing they shal enquire see 3 Ed. i. i0 i4 Ed. 5. 8. P. i2 2. If a Coroner be remisse in viewing a dead body murdered or flain and shall not enquire of them that did the murder of death of their abettors or consenters who were present thereat and their names or so found shall not enrole certifie and deliver his Inquisition according to the Law he shal forfeit unto the King five pound for every offence 3 Hen. 7. 1. Poulton 12. i4 3. If a Coroner shal refuse to do his Office upon the view of a dead body by misadventure without any fee therefore he shall forfeit 40. s i H. 8. 7. But upon an Inquisition taken upon the view of the body slain he may take 13. s 4. d. 3. H. 7. 1. P. i5 But if he take more it is extortion 4. Every Coroner which shall be absent from the assessing of wages for the Knights of the shire shal forfeit to the King 40. s 23 H. 6. i1 P. Parl. 12. 5. If a Coroner shall conceals or not arrest Felons when he may he shal be one year imprisoned and make a grievous fine or not being able shall be imprisoned 3. years VVestm 1. 3. Ed. 1. 9. P. Felony 1. 6. If default be found in a Coroner for impannelling a Jury or returning Issues upon a commission to enquire of a ryot c. he shall pay to the Kings use 40. l. 2. H. 5. 8. P. Ryots 7. Cottages and Inmates 1. NO person shal make build 〈…〉 rector cause to be builded 〈…〉 erected any manner of Cotage for dwelling or convert or orda 〈…〉 any building or housing to be used as 〈…〉 Cottage for dwelling unless he do 〈…〉 thereunto 4 acres of ground at the 〈…〉 being his or their own Freehold 〈…〉 Inheritance lying neer to the said Cotage to be continually manured theâ— with so long as the said Cottage shal be inhabited upon pain to forfeit to the King for every such offence 10. l. 31. 〈…〉 7. P. 〈◊〉 2. Whosoever shall willingly maintain or uphold such Cottage not having so many acres so lying and manured shall for 〈…〉 it to the King for ev 〈…〉 〈…〉 forty shillings 31. Eliz. 7. 6. P. 2. 3. Whosoever shall place or willingly suffer any Inmates or more than 〈…〉 dwelling in one Cottage shall forfeitâ— to the Lord of the Leâ—te for every month 10. s 31. El. 7. P. 3. Just 10. 1. Counterfeiting of Letters or tokens WHosoever shall falsly and deceitfully get into his hands or possession any money goods chattels jewels or other things of any other person by color or means of a privy token or counterfeite Letter made in another mans name the same being proved by confession or 〈…〉 xamination of witnesses shal suffer any corporal pain except death as shal be adjudged and besides the party grieved shal have his remedy by action or otherwise for the same money or goods 33 H 1. P. Just 54. Cut-purse A Cut-purse not he which shal feloniously take any money goods or Chattels from the person of another privily without his knowledg in any place whatsoever shall not have the priviledg of his Clergy but suffer death as a Felon 8 El. 4. P. Clergy i. Escape 1. IUstices of peace in their Sess 〈…〉 may enquire of all manner 〈…〉 scapes for Felony 1 R. 3. 3. and so for Murder and certifie thereof 〈…〉 King in his Bench 3 H. 7. 1. P. Ju 〈…〉 2. If any person be murdered or 〈…〉 in the day and the Murtherer es 〈…〉 untaken the Township where the 〈…〉 deed is done shall be amerced for 〈…〉 said escape 3 H. 7. 1. and Poult 2. 3. Escape is of two sorts viz. 1. Voluntary 2. Negligent And for a voluntary Escape if 〈…〉 Arrest or imprisonment were for F 〈…〉 ny it shall be adjudged Felony in 〈…〉 which did suffer the prisoner to escap 〈…〉 c. And note that a ooluntary Escape 〈…〉 not Felony if the Act done were 〈…〉 Felony at the time of the Escape 〈…〉 but it is finable and so is a neglig 〈…〉 Escape vide Dalt s 140. Escheators NO Escheator shall sel or let to farm his Office nor make any Deputy but such as wil a 〈…〉 for at his peril and shal certifie his 〈…〉 under his Letters Pattents to the 〈…〉 surer and Barons of the Exchequer 〈…〉 in twenty dayes after upon pain to 〈…〉 eit for every offence forty pounds 〈…〉 Ed. 9. P. Just 19. If an Escheator shal take for the 〈…〉 ution of any Diem claufit extremum 〈…〉 ther Writ in any County above 40. 〈…〉 r 40. sh where the Lands are not 〈…〉 en in capite he shall forfeit fonrty 〈…〉 ds to the King and Informer 〈…〉 6. 17. P. 9. And for taking a 〈…〉 15. s for the finding the office of 〈…〉 ds not exceeding five pound per 〈…〉 m shall forfeit for every offence 〈…〉 pounds to the King and Informer 〈…〉 H. 8. 12. P. 〈◊〉 Whosoever shal take upon him to 〈…〉 ute the office of Escheator not ha 〈…〉 Freehold of the yearly value of 〈…〉 ty Marks above all charges he shal 〈…〉 it twenty pounds i H. 8. 8. 3 H. 6. 〈…〉 P. 5. Extortion IN Sheriffs and their Ministers 〈◊〉 P. Sheriffes 6. 7 8 9. 2. In coroners see P. coroners 〈◊〉 3. In Muster Masters see P. Captaines 14. 4. In Escheators see P. Escheato 〈…〉 3. 9. 5. In Ordinaries see P. Ordi 〈…〉 ries 2. 6. In the clerks of the Market 〈◊〉 P. 1. 7. In a Parson Vicar or cura 〈…〉 5 El. P. Fish-daies 3 5 El. 4. Labourers 7. 8. In a spiritual person for a Mo 〈…〉 ry 2 H. 8. 6. P Mortuary 7. 9. In the
clerk of the peace for 〈…〉 rolment in the county see Inrol 〈…〉 P. 2. 27. H. 8. 16. And for Registring the License a 〈…〉 recognizance of a Badger c. see 〈◊〉 〈◊〉 12. 3. El. 25. P. Badgers 3. Faire and Market IF the Owner Officer or Ruler of any faire or Market shal not yearly appoint one certain open place here for the sale of horses c. and one â—fficient person to take Tole and keep â—e said place from tenne of the clock 〈◊〉 the forenoon until sun set he shall 〈…〉 rfeit for every default 40. s to the 〈…〉 ing and Infor. 2 3 P. M. 7. P. 4. 2. When where and for whom role â—r horses must be taken ibidem â—oul 5. 3. The sale of any stoln Horse in a â—air or Market shall not take away the â—wners property except the horse be â—penly ridden led walked driven or â—ept standing by the space of an hour â—etween the hours of 10. in the morning â—nd Sun set in the open place of the air and lawfully toled 2 3. P. 〈◊〉 7. P. 5. And yet nevertheless the owner â—ay redeem the stoln horse within six â—onths paying the price 3 i El. 12. 〈◊〉 8. 5. No person shall sel or put away â—ny horse in any Faire or Market unâ—ess the Tole-Taker Book-Keeper Bai 〈◊〉 or chiefe Offic 〈…〉 thereof will take perfect knowledg thereof and enter the sellers name c. into a Book kepâ— for horses sold or unless the seller 〈◊〉 bring to such Tole-keeper or other officer one credâ—ble person testifying thâ— he knoweth the seller and there enteâ— into such a book as wel the summe aâ— the name sirname Mystery and placâ— of such Testifier together with thâ— price taken for such horse and no 〈…〉 shall so testifie unless he do truly knoâ— the same and no Tole-taker c. shaâ— make entry of any such sale unless 〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉 true and perfect note in writing under his hand of all the contents of the same upon pain that every person offending in the premises shall for 〈…〉 or every default 5. l. and the sale to be void 31 El. 12 P. 7. 5. If any person shall keep Faire 〈◊〉 Market in the Churchyard he shall be punished at the discretion of the Justices 13 Ed. 6. 1. P. 10. Pheasants Partridges c. 1. VVHosoever shall take or cause to be taken any Pheasants or Partridges by nets snares or other engines upon the Freehold of any other without his special license shall forfeit to the owner of the ground and the Informer ten pound 11 H. 7. P. 1. Just 38. 2. Whosoever shall take kill or destroy any Pheasants or Partridges with any net or other devices whatsoever in the night time except unwillingly by lowbelling or tramelling who also shall then and there presently let them go again shall forfeit for every Pheasant 20. s and for every Partridge 10. s to be payed within ten dayes after conviction or in default thereof to be imprisoned for a month without bayle and over and besides such forfeiture or imprisonment to be bound with sureties for two years not to offend so againe 23. El. 10. P. 2. 5. Just 38. See who shall have forfeirures Ibid. P 3. 3. Whosoever shall shoot at kill or destroy with any Grinne or Bowe any Pheasant Partridge house Dove or Pigeon Herne Mallard Duck Teale Wigeon Goose Heath-cock More-game or any such foule or any Hare or shall take kill or destroy any Pheasant Partridge house-Dove or Pigeonwith setting-Dogs and Nets or other Engines or shall take the Egges of any Pheasant Partridge or Swans or willingly destroy the same in the nests or shall trace or course any Hare in the snow or take any Hare with hare-pipes cords or any such Instruments or Engines the same being confessed or proved by two sufficient Witnesses upon oath before two or more Justices shall be by them imprisoned for 3â— monthes without bayle or forthwith pay to the use of the Poore there 20. s. for every Foule or Hare and for every egge of Pheasant Partridge or Swan so taken or destroyed or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a peece not to offend so again 1 Iac. 17. and Poult 6. 4. Whosoever shall take kill or destroy any Pheasant or Partridge with seetting-dogge net or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the Justices of the Peace shall be by them committed for three monthes without bayle unless he forthwith pay to the use of the Poore there 20. s for every Pheasant or Partridge and be bound in 20. l. not to offend so again 7. Jac. 28. 5. 5. By the Stat. 7 Iac. 11. He that hath inheritance of 40. l. per ann Freehold of 80 l. per annum or is worth in goods 400. l. and their meniall servants thereto authorised may take Pheasants and Partridges in the day time onely upon their owne and Masters free Warran Mannor and Freehold between Michaelmas and Christmas 7 Iac. ii 6. Whosoever shall sell or buy to sel againe any Pheasant Partridge Hare or Deere nor brought up in the houses or brought from beyond the Seas shall forfeit for every Pheasant 40. s for every Partridge 10. l. for every Hare 10. s and for every Deere 4. 〈…〉 s the one moyty thereof to the Informer the other to the Poore 1 Iac. 17. P. 8. See Hawkes 1. 7. Iac. 11. See Hunters 6. 7. and Poult 6. Fish and Fish daies 1. WHosoever shall take any Salmons between the Feast of the Nativity of the blessed Virgin Mary and Saint Martin in any Rivers or waters or shall take young Salmons at any Mill poole or any other place between the midst of Aprill and Midsummer or at any time cast in to any waters any nets by which the fry of any Fish may be taken or destroyed shall for the first offence have his not burned for the second be imprisoned three monthes and for the third a whole year 13 Edw. 1. 46. 13 R. 2. 19. P. 1. Just 41. 2 Whosoever shall with any Net or other means whatsoever take and kill any young brood spawn or fry of any fish in any floodgate pipe or taile of any mill weare stream or river salt or fresh water or shall take there any Salmons or Trouts out of Season that is being keepers or shedders or shall take or kil any pickerell under 10. inches or Trout under 8. inches or Salmon under 16. inches or Barbel under 12. inches fish in length or shall fish in any of the said places with any net but such whereof every mesh shall be
double value 2 H 6. 14. P. 6. 2. If any Gilder shall offend against the Stat. 8. Hen. 5. concerning the gilding of mettal and other things he shal forfeit ten times the value of the thing gilt and be imprisoned a year 8. H. 5. 3. and P. 7. and Just 48. Good behaviour SUreties of the Good behaviour i chiefly granted against common Barrators common quarrellers and common Breakers and perturbers of the peace and also against Ryoters against such as lye in waite to Rob Maim or Kill or shall assault any against such as are suspected to be Robbers upon the highwaies against such as are like to commit Murther or other grievances to the kings people and also against such as be of an evil name and fame generally or in the place where they remain 2 Ed. 3. 6. 34 Ed. 3. 1. P. Just 18. Dalt fol. 16. Also against him that is suspected to have got en a Bastard Lamb. 122. Also against Evesdroppers also against night walkers and such as shall sleep in the day and go abroad in the night or use suspicious persons company or shall commit outrages c. Guns and Crosbowes 1. VVHosoever shall shoot in or keep any Gun Dag Pistol Crosbow or Stonebow or shall carry in his journey any Gun Dag or Pistol charged or Bow bent but in time of war or to or from Musters except he have in his owne or wives right 〈…〉 〈◊〉 per annum in Lands Tenements Fees Annuities or Offices shall forfeit for every offence ten pound to the King and Informer 33. Hen. 8. 6. Poulton 1. 3. 2. Whosoever shal shoot in carry keep use or hand any Gun but such as in stock and gunne shal be a yard long or in any Hagge Demihake Dag or Pistol not being three quarters of a yard long shall forfeite for every offence 10. l. 33 Hen. 8. 6. Poult 2. And every person having 100. l. per annum may seize and take away any that is shorter but must breake 〈◊〉 within twenty dayes after under penalty of 40. s He may also take away every Crosbow from any not having Lands c. as aforesaid and keep it to his own use Ibid. 3. Whosoever shal shoot in any gun c. neer to a Market town except for defence of his person or house or at a But or Bank of earth in a place convenient shal forfeite for every shoot ten pound to the King and Informer 33 H. 8. 6. And if any person under the degree of a Lord of the Parliament shal shoot in a Hand-gunne in a City or Towne at any mark upon a Church House or Dove Coat shall forfeite ten pound and be imprisoned for three monthes 2. Edw. 6. 14. Poulton 4. 4. If a Master command his Servant to shoot otherwise then is aforesaid he shal forfeit ten pound The King must commence his suite within a year after and every other person within a year after the offence was committed for any penalty or forfeiture given them by the Stat. 33 H. 8. 6. P. 5. 5. Every man may arrest an offender against this Statute and carry him before the next Iustice and such bringer shal have halfe the forfeiture 33 H. 8. 6. Poult 6. Just 45. 6. Whosoever shall shoot haile shot â—or more pellets than one at one time unless he be thereto licensed shal forfeit ten pound and be three monthes imprisoned 〈◊〉 Ed. 6. 14. P. 10 See 33 Hen. 8. 6. and P. â—7 See Pheasants Such as are licensed to keep hawkes meat may not shoot at other Fowle than are mentioned in their Licenses nor otherwise nor elsewhere than is allowed by the Stat 1 Jac. 27. and if it be not contained in their said Licenses at what Fowls they shall shoot or if any of them so licensed shal not 〈◊〉 bound 〈◊〉 twenty pound not to shoot 〈◊〉 any other Fowle then the said Licenser Plâ—câ—â—d to be void 〈◊〉 Iac. 27. 33 H. 〈…〉 6. P. 9. Pheasants 〈◊〉 Just 38. Hawks and Hawking 1. WHosoever shall hawk at destroy or kill any Pheasants Partridg with hawk or doâ— by colour of hawking between the fi 〈…〉 of July and the last of August and 〈◊〉 same be proved by the parties consession or by two sufficient witnesses upon oath before two or more Justices of the peace within six months after the offence committed shall be imprisoned for a month without bayle unlesse he forthwith pay to the use of the poore there 40. s for every such hawking at Pheasant or Partridg and 〈◊〉 s for every Pheasant or Partridg 〈…〉 â—ac ii 2. VVhosoever shall hawk or with Spannels hunt where any eared or codded Corn shal be standing and not shocked or copped shall forfeit to the owner of the same Corn 40. s 33 El. i0 P. Pheasants 4. 3. VVhosoever shal unlawfully take away any hawk or the egges of any hawke out of the woods or grounds of any other person shal pay to the party grieved treble damages suffer three months imprisonment and be bound with sufficient sureties to the good behaviour for seven years after or else to remain still in prison and the party grieved may take his further remedy for his loss and damages and may release the good behaviour before the seven years be expired 5 Eliz. zi P. i. 3. Just 34. ii H. 7. i7 4. VVhosoever shall take any Eiâ—er Falkon Goshawk Laner or Lanaret or purposely drive them out of their coverts or kil them shal for feit ten pound to king and informer And whosoever shal bear any Hawk of the breed of England called a Nesse-Goshawk Tassel-Lanner or Lannaret shal forfeit the same to the king ii H. 7. i7 P. 4 5. Just 39. 5. VVhosoever shal finde a hawke that was lost and shal not forthwith bring her to the Sheriffe of the County to be proclaimed but doth steale it or carry it away or conceale it hee shall be used as a Felon for stealing 〈◊〉 Horse 34 Edw. 3. 22. 37 Edw. 3. 1â— P. 2. Herons WHosoever shall take any Heron out of his own ground by craft or engine except it be by hawking or long Bow shall forfeit for every heron six shillings eight pence and whosoever shall take young Herons out of the nest without license of the owner of the ground shall forfeit for every Heron 10. s to the King and Informer 19 H. 7. 11. and P. 1. and Just 35. See Pheasants Highwayes 1. IF the Constables and Churchwardens of any Parish shall not yearly in Easter week chuse Surveyors for mending the Highwayes and appoint six dayes for that purpose according to the Statute they shall be fined 〈◊〉 3. P. M. 8. 29 Eliz. 5. P. 〈◊〉 2. 2. If any Surveyor refuse to take upon him the Execution of the said Office
yeare imprisoned 22 Edw. 3. 14. and 〈◊〉 16. 4. If any Purveyor of the King shall take any thing of the value of forty shillings or under without ready payment he shall pay the value to the party grieved and lose his office 2. H. 4. 14. P. 22. 5. If any Purveyors of Timber shall sel for the Kings use any Oaken Timber tree meet to be Barked but onely in barking time other than Trees for building or repairing the kings houses or ships or shall take any profit by the lops tops or Barke of any Trees taken by him or shall take from the owner any more of any tree then onely the timber of the same Tree shee shall forfeit for each c. to the party grieved 4◠〈◊〉 1 Iac. 22. P. Leather 24. 6. Purveyor sshall not fell trees growing about a mans house upon paine to forfeit to the party treble damages be imprisoned a yeare and lose his office 25 Ed. 6. P. 8. To make Purveyance without warrant 28 Ed. 1. 2. 20. R. 2. 5. P. 9. To take more Sheep before share time then be sufficient 25. Ed. 3. 15. P. 9. To make purveyance without lawful apraisement 5 Ed. 3. 2. P. 17. To take more than they deliver to the Kings house 36 Ed. 3. 4. and P. 18. To take Purveyance in other manner than is comprised in the Commission 36 Ed. 3â— 2. P. 19. Note that the Iustices of the Peace shall deliver the Dockers of purveyors to them delivered according to the Stat. 2 3. P. M. 6. P. 28. No subjects Charter shall take any thing against the owners will upon paine of imprisonment 23 H. 6. 14. P. 1. Rape 1. IF any shal Ravish a Maid Widdow or VVise above ten yeares of age against her wil though she consent after it is felony 13 Ed. 1. 34. P. 1. 2. If any shall carnally know and abuse a woman child under ten years of age though she consent before it is also Felony and without Clergy is El. 6. P. 2. 3. If any shall take a Maid VViddow or VVife having lands or goods or being heite apparent to any against her will unlawfully other than is VVard or Bondman it is felony both in him and the procurers Abettors and Receivers knowing the same 3. Hen. 7. i. Poulton VVomen 12. Recusants Iesuites 1. WHosoever shall willingly receive relieve comfort aid or maintain any Iesuite Seminary Priest knowing him to be so shal be adjudged a felon and not have Clergy 27 El. 2. and P. Iesuits 3. 2. VVhosoever shal conceale his knowledg of them and shal not within it dayes after such knowledg discover the same to some Iustice of peace or other high officer shall be fined and imprisonned at the Kings pleasure And it such Iustice or other such Officers shall not within 28. dayes after give information thereof to some of the kings privy Councel he shal forfeit â—00 marks 27. El. 2. and p. 10. 3. VVhosoever shall willingly retaine and harbour any person not repairing to some Church Chappell or usual place of Common prayer to hear divine service by the space of a month together not having a reasonable excuse other then his Father or mother not having other sufficient maintenance or the ward of any such person or any person committed to the custody of any by authority or shall retaine or keep in service fee or livery any not repairing to som church c. by the space of a month together shal forfeit for every month 10. l. 3 Iac 4. P. 51. 4. Whosoever shall keep or maintain any Schoolmaster which resorteth not to the Church nor is allowed by the bishop or Ordinary of the Diocess he shall forfeit for every month so keeping him 10. 〈◊〉 And such Schoolmaster shall be imprisoned for a year 〈…〉 without baile and be disabled c. 23 El. 〈◊〉 P. 2. 5. A Recusant not conforming himself shall abjure the Realm and the Iustices before whom such abjunation is made shal presently record the same and certifie it to the Iustices of Assize at the next Assizes after 35. Eliz. i. 〈◊〉 B. i9 The penalty for a conformed Recusant which shal not receive the Sacrament c. 3. Iac. 4. P. 40. Popish Reliques shall be defaced at the general Sessions of the peace 3 Iac. 5. P. 74. The penalty of such as come not to Church every Sunday and Holyday see Church 3. P. 50. Felony in Recusants see Poultes i9 3. Removing prisoners or Records ALL Writs of Habeas Corpus or Certiorari to remove any Record or any Prisoner out of any Goale must be signed with a Iustices hand of the same Court i. 2. P. M. i3 and Poult i. Rescues Whosoever shal disturb or hinder by Rescues or otherwise the execution of the Statute of Rogues or of the poor shall forfeit for every offence 5. l. and be Bound to the good behaviour 39 El. 4. P. Vagabonds 5. To Rescue one for Felony is Felony Dalt fol. 238 and 239. Restitution 1. IF any Felon of goods money or chattels taken from any of the kings subjects shall be indicted arraigned and found guilty thereof or otherwise attainted by reason of evidence given by the party robbed or the owner of the said goods mony or chattels or by any other by their procurement then shall such party or owner be restored thereunto and the Iustices before whom such finding guilty is shal have power to award writs of restitution thereof zi H. 8. ii P. i. vide plus Dalton i85 2. If a man pursue and take a Felon that hath stolne his goods and then taketh his goods again and suffereth the Theefe to escape he is no accessory for he may in initio agere civiliter or 〈…〉 minaliter at his pleasure tamen quaert But if he took his goods againe to favour the Felon it is Theft but quaere if it be not Felony et vide Terms of the Law fol. i8 4. If upon Huy and Crie a man do arrest a Theefe that hath stoln another mans goods and from the said Felon do take the good and so let him goe this maketh him an accessary if not principall Dalt 253. Receiving or buying stolne goods TO receive or buy stolne goods knowing they were stoln maketh not an accessary unless he receive or aide the Felon himself quaere vide Dalt ibid. If a stranger buy such goods for a valuable consideration it is less dangerous ibid. Riots Routs and unlawful Assemblies THe Justices of peace which dwel neerest in every County where riot shal be together with the Sheriffs or under sheriffs of the same County shall do execution of the Statute of Riots within a month after every one upon pain of 100. l. 13. H. 4. 7. P. 2. 5. Note that the King shall bear their costs sustained in the
traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scoured or otherwise he may traverse the cause viz. that he hath not the Land c or that he or they whose estate c. have not used to scoure the ditch c Treason 1. HIgh Treason called in Law Crimenlesae Majestatis is a grievous offence done or attempted against the State Royall viz. against the King in his person the Queen his Wife his Children Realm or authority c See more P. 1. c. Dalt fol. 198. Such offender shall be hanged cut down alive and quartered and shal forfeit all his lands and goods to the king yea his entayled lands and his wife shal lose her dower his blood shal be corrupted saving in certain cases vid. Dalt fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever and all his goods and chattels to the king but his lands whereof he hath an estate he shall forfeit only during his life and shal be imprisoned during his life ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie but was not consenting thereto and conceales the offence Such offender for Misprison of Treason shall forfeit to the king his goods and chattels for ever the profits of his lands during his life Dalton 103. For Misprison of Felony the offender shal be onely fined ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection and oweth faith duty and obedience to the party Murdered Vide Petty Treason fol. 82. 6. The punishment for Petty Treason is this the man so offending shall be drawn and hanged the woman shall be burned alive in case as well of petty Treason as of high Treason I Ric. 3 4. But in case of Felonies the judgement both of man and woman is to be hanged The for feiture of Petty Treason is the King shall have all his goods and for his Lands the king shall have Annum diem vastum and the Escheat thereof shall be to every Lord of his own proper fee. Treasurers THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly or 40. l in goods and shall continue but one year and then give up their charge and account at Easter Sessions or within ten dayes after and if any Treasurer his Executors or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him his Executors Administrators as in their discretions shall seem convenient so it be not under 5. l. 43 Eliz 3. P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate and shall keep a true book of computation of the mony they lent and a Register of the names of such as they give relief unto And every Treasurer returning or not accepting the Certificate brought unto him shall write and subscribe the cause of his not accepting or not allowing thereof under the said Certificate or in the back thereof And if any Treasurer shall wilfully refuse to give reliefe according to this Act the Justices in their Sâ—â—ons may fine such Treasurer by their discretions 43 El. 3. P. Captains 19 21 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions be ordered distributed and bestowed upon such good and charitable uses and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor and punishment of Rogues and Beggars 43 El 3. and P. Captains 24. See more P. Poor people 14 15. How the Forfeitures shal be imployed see 43 El. 3. P. Captains 26. Trespass WHosoever shall cut or unlnwfully take away any Corn or grain growing or rob any Orchards or Gardens or break or cut any hedge pailes railes or fence or dig pull up or take up any fruit 〈…〉 ree or trees in any Orchard Garden or elsewhere to the intent to take or carry the same away or shall cut or spoyle any Woods or under Woods Powles or trees standing not being Felony and their procurers and receivers knowing of the same being thereof 〈…〉 awfully convicted by the consession of the party or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint and within such â—ime as he shall appoint the same to be only for the first fault And if such â—ffenders shall not be thought able to give satisfaction then to be whipped â—nd also for every such offence after to 〈…〉 cceive the same punishment of whipping 23 El. 7. P. 1. A Constable refusing to punish such â—ffenders see Constables 10. P. 2. No Justice of peace c. shall execute this Statute for any of the said offences done to himself unless he be associated and assisted by one or more Justices whom the offence doth not concern 43 El. 7. P. 3. Vagabonds and Rogues SEE 39 Eliz. 4. 4. P. 2. 7. But note that that act doth not exte 〈…〉 d to any children under seaveâ— years old All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue see P. Labourers 8. A Souldier or Marriher begging 〈◊〉 counterfeiting a Certificate shall be accounted a Rogue 34 El. 3. P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues and more over be bound to the good behaviour for a yeare 1. Iacob 31. Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish the same being proved by two sufficient witnesses upon oath before two Justices of the peace shall be punished as Rogues unless they put in sufficient sureties for the discharge of the parish 7 Iac. 4. All such able persons as shall runne away out of their parishes and leave their families upon the parish 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act shal be sent to the house of correction or Goale of the County by two
Justices one of them being of the quorum of that limit til the next Sessions and then by the consent of the more part of the Justices in their open Sessions shall be with an hot burning Iron of the breadth of two pence with a Great Roman R. upon the Iron and then shall be sent to the place where they last dwelt if they have any dwelling it not then to the place where they last dwelt for the space of a year and if that cannot be known by their confession or otherwise then to the place of their birth And if after such punishment they offend again in begging or wandring contrary to the Law they shal be adjudged Felons and not have Clergy 39 El. 4. 1. Iac. 7. P. 4. To send rogues by a generall Pasport without conveying them from parish to parish is a let to the conveying of rogues according to the Statute and so a for feiture of 5. 1. upon them and to go with such a pasport is but still to continue a rogue to be punished by whipping see the duties of Constables fol. 25. 7. If any Mannish Scotish or Irish rogue shall come into this kingdome he shall be punished as a rogue and conveyed to the next port or parish where he landed 39. El. 4. and P. 16. See the constables duty herein Constables 18. Every person shall apprehend such Rogues Vagabonds and sturdy Beggars as he shall see or know to resort to his house to beg or receive almes and him shall carry or cause to be carried to the next Constable or Tything man upon pain to forfeit for every default 10. s 39 El. 4 and P. 5. How these forfeitures shal be imployed See 37 El 4. P. 11. see more Constables 7. Victualls and Victuallers 1. IF any Victualler shall sell or offer to sell any corrupt or unwho I some Victuall he shal be fined by the discretion of the Justices 51 H. 3. Statute Pistorum Cap. 7. see more Butchers 3. 2. If any Butcher Fishmonger Inholder Tipler Brewer Baker Poulterer or other seller of Victuals shall not sel the same at reasonable prizes and for moderate gain he shall lose the double value of that he received 23 Ed. 3. 6. P. 3. 4. 3. Victuallers conspiring for selling their Victualls see Artificers 1. 4. When and in what cases victuals may be transported see 1 2. P. M. 5. Poulton 8. Justices 27. Corn 1. 7. Usury 1. IF any person shall by himself or any other sel any Merchandise or wares to any other and shal within three months next after by himself or any other buy the same or any part thereof again upon a lesser price knowing them to be the same Or if any person shal by any corrupt Bargain Morgage or other means take in gain above the rate of ten pound for a hundred pounds for one years forbearance and so after that rate more or less he shall lose the treble value to the king and Informer and be imprisoned and fined at the kings pleasure 37. Hen. 8 9. P. i 2 3 4. i3 El. 8. 39 El. i8 and P. 6 7. He that taketh ten pound or less in a hundred shall forfeit the Interest only i3 El. 8. 39 El. i8 P. 8. Just 9i Wages VVAges of Servants see 5 El. 4. and P. Labourers 4. and Justices 66. Wages of knights of the Parliament see 23 H 6. 6. 1i and P. Parliament i2 and Just 52. Wages of Justices of the peace see i4 R. 2. ii P. Justices 6 7. 5 El. 4. P. Justices 68. Wages of Weavers and Spinsters see Cloth 3. Watch and Ward IF the Watch in every town be not kept from Sun setting to Sun rising between Ascention day and Michaelmas day to arrest Night-walkers and strangers that pass by in the night the Constable shall be fined by the discretion of the Justices Stat. VVinton i3 Ed. i. 3. and 5 H. 4. and P. i and 2. VVax IF any person shall sell or shal set forth Candles or other works of Wax to sale at higher prices then after the rate of four pence the pound over the common price of plain wax between Merchant and Merchant he shal be fined to the King and shall forfeit his work or the value of it 11 H. 6. 12. Poult 8. Just 42. Weights and Measures LAwfull Weights see Poult 1 2 3 4 5. VVhosoever shall buy or sell by unlawful VVeights or Measures or shal buy or sel in any City or Market with any VVeight or Measurethat is not lawfully marked or signed the same shall be broken and burnt and the offender shall lose for the first offence six shillings eight pence for the second thirteen shillings and four pence and stand on the pillory 11 H. 7. 4. P 9 10. Just 92. If they of the town where the Kings Standard is appointed to remain should not have their common VVeights and Measures signed or shal not have thereby signed weights and measures sold to all that have required the same they shall be fined and amerced and so shall the head Officers of market townes which shall not twice yearly make view and examination of weights and measures there 11 H. 7. 4. P. 7. 10. If any person shall take above one penny for sealing a Bushel-measure or above one penny for sealing a hundred weight or above a half penny for sealing half a hundred weight or above a farthing for a less weight he shal forfeit forty shillings 7 H. 7. 3. 11 H. 7. 4. VVhosoever shall buy Corn by heaped measure in any place except within Ship-board or shall use double measure the one to buy the other to sell with he shall be grievously fined and imprisoned 17 Ric. 2. de Pistor 11 H. 4. All falsiers of false VVeights shall be imprisoned without Bayle til they be acquitted or attainted and if they be attainted their bodies shal remain in Prison till they have made fine and VVild Fowle and their Eggs. WHosoever shal willingly with draw purloin take destroy or convey any Egs of any Wild-Fowl from any Nest or place where they shall be layd by any kind of the same Wild-Fowl between the first of March and the last of Iune yearly shal be imprisoned one whole year and forfeit to the King and Informer for every Egg of any Crane or Bustard so destroyed or taken from any nest or place 20. d. and for every Egg of every Byter Heron or Shovelard 8. d. and for every egg of every Mallard Teale or other Wild-Fowl used to be eaten a Penny 25 H. 8. ii 3 Ed. 6 7. P. i. Just 9i vide plus Pheasants 3. Wines 1. SUch as sel Wines in gross contrary to the Prizes assessed shal forfeit for every vessel so sold forty shillings 28 H 8. i4 and P. 2. and Just 94.
of cattle upon the Sunday contrary to the Stat. in that case provided whether the Justice of the peace before whom he was convicted or any other Justice of the peace may discharge him of all or part of the forfeiture or punishment appointed by the Statute Resol The Justices have no such power of mitigation after conviction where the statute appoints the measure of the punishment quest XI VVhether a Constable may upon a warrant for carrying one to the house of Correction for keeping an unlicensed Alehouse upon the second conviction break open the house where the party convicted is to apprehend him Resol This question is to be advised upon it is but in generall t 〈…〉 arms and referred to be considered in the particuler where it appeareth quest XII If any woman unmarried be hired from week to week or from halfe a year to halfe a year in one parish and there is begotten with child and then goeth from thence to another parish where she is setled in servâ—ce by the space of two or three months and then is discovered that she is with child the question is whether she shall bâ— setled in the parish where she was bego 〈…〉 with child or in the parish wherein she was last setled Resol The place where such a woman was lawfully setled is the direction in this case not where she was begotten with child quest XIII If a woman servant unmarried be gotten with child and then goeth out of her Masters service before or after it is discovered that she is with child and the reputed Father be run away or is not able to free the parish whether the Master may be forced to provide for her til she be delivered and a month after Resol If the Master have legally discharged his house of such a servant he is no more bound to provide for her than any other quest XIV In case a parish consist in part of ancient Demeasne and part Geldable an Assize is made for the reliefe of maymed Souldiers Goale c. according to the Stat. of 24. Eliz. cap. 2. Whether the Tenants in ancient Demeasne shall contribute with the Geldable for the payment of this Assize Resol The Statutes do not distinguish between the ancient Demeasne and the Geldable in these cases ubi Lex non distinguit nec nos dstinguemus quest XV. VVhether an Indictment of forcible Deteinor be within the Statute of 21 Iac. 5. and not to be removed by Certiora unless the party indicted first finde sureties according to that Statute and whether the party indicted be to be bound himself or may send sureties to be bound in his absence to prosecute according to that Statute And whether an Indictment of forcible Entry c. found at a quarter Sessions and certified unto the quarter Sessions be to be removed by Cortiorar without sureties according to the Statute Resol This is fittest to be left unto the Court of Kings-Bench to whose commission and jurisdiction this is most proper quest XVI If one be convicted upon the Statute of 3 CAROL R. cap. 13. for driving of Cattle upon the Sunday through several parishes whether he shall forfeit twenty shillings to every of the said parishes or onely to one if to one then to which of them Resol This Statute gives the forfeiture but of one twenty shillings for one Sabbath day although the driving be on that day through several parishes therefore where the action is first attached and distress taken that parish shal have the benefit of the forfeiture and none other quest XVII If one who is under the age of thirty years or brought up in Husbandry or a Maid-servant brought up in any the Arts or Trades mentioned in the Statute 5 Eliz. cap. 4. and not enabled according to that statute to live at his or her own hand shall be warned by two Justices of the peace to put him or her self to service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resol Such persons living out of service and not having visible means of their own to maintaine themselves without their labour and refusing to serve as an hired servant by the yeare may be bound over to the next sessions or Assizes and to be of good behaviour in the mean time or may be sent to the house of Correction quest XVIII Whether the Tax for the relief of the poore upon the statute of 43 Eliz. shall be made by ability or occupation of Lands or both and whether the visible ability in the parish where he lives or generall ability whatsoever And whether his Rent received in the Parish where he lives shall be accounted visible and whether he shall be taxed for them only and not for any received from other parishes Resol The lands within each parish is to be taxed to the said charges in the first place equally and indifferently but there may be an addition for the visible ability of the Parishioner according to good discretion wherein if there by any mistaking the Justice c. or the Sessions must judg between them quest XIX VVhether the Tax for the County stock Goale house of Correction is to be made by the Statute 14 Eliz. 43 Eliz. by ability and upon the Inhabitants of the parish onely or upon them or the occupiers of lands dwelling in that parish or whether such as occupy Lands in that parish and dwel in another parish shall be taxed Resol If the Statutes in particular causes give no speciall direction it is good discretion to go according to the rule for taxation for the poor quest XX. VVhether any taxes ought to be made for the charges that petty Constables and Burgholders are at for conveying of Rogues from parish to parish and relieving of them and how to be rated Resol It is fit to relieve the Constables and Tythingmen in such sort as it hath been used in severall parishes where they live quest XXI VVhether a Justice 〈◊〉 peace may discharge a servant being with child from her service allowing 〈…〉 hat as a reasonable cause that she is 〈…〉 ereby made unable to do her service â—hich otherwaies she might have done 〈…〉 d if he may discharge her whether â—e parish shall provide for her til her delivery if she cannot provide for her 〈…〉 lf and so also if her time be expired before her delivery who shall provide 〈◊〉 her after the time ended Resol If a woman being with child 〈…〉 ocure her self to be retained with a 〈…〉 aster who knoweth nothing thereof 〈…〉 ems to be a good cause to discharge 〈…〉 r from her service But if she be 〈…〉 ten with child during her service it 〈…〉 meth to be otherwise but the master neither case must turn away such a 〈…〉 vant of his own authority but if 〈…〉 r term be ended or she lawfully 〈…〉 charged the
Master is not bound to 〈…〉 vide for her but it is a misfortune 〈…〉 len upon the parish which they must 〈…〉 re as in other cases of casuall impo 〈…〉 cie quest XXII VVhether one being 〈…〉 vered of a Bastard-child in one pa 〈◊〉 and goeth into another parish and 〈…〉 omes vagrant and so is sent to the 〈…〉 ce of her birth her bastard-child be 〈◊〉 under the age of seven years shall setled with the mother and there 〈…〉 intained if the mother be not able to keep it not the reputed father found or whether it shall be sent to the place of its birth as being setled with the mother whether the parish where it was born shall be ordered by the two next Justices to pay a weekly sum towards the maintenance of it Resol The bastard child must be placed with the Mother so long as it is within the quality or condition of a Nurse-child and then it is fit to be sent to the place of its birth to be provided for the Mother or reputed Father not being able quest XXIII A man with his Wife and Children takes a house in one parish for a year and before the end of his term is put out of possession and after takes part of an house as an Inmate in another parish from whence he is also put out in two or three dayes and then not being able to get any dwelling they come to lye in a Barn in a third parish where the husband falls sick and the wife is delivered of another child where ought these to be setled Resol If a man or woman having an house or habitation in one parish be thrust out of possession this is an illegall unsetling which the Law forbiddeth for none must be enforced to turn Vagrants and such a one must be returned to the place where he or she was lawfull setled and the child also that was born in the time of this distraction quest XXIV Whether an Apprentice put out by the Churchwardens c according to the Statute to a Master in another parish if his Master die and leave no Executor fit to keepe an Apprentice or able to place him shall he be provided for in the parish where he was Apprentice or shall be sent back to that parish from whence he was put out Resol Servants and Apprentices are by Law setled in that parish and if they become impotent there the parish must beare the adventure after their terme or time be lawfully en 〈…〉 ed. quest XXV VVhat is accounted 〈◊〉 lawfull setling in a Parish and what 〈…〉 ot Resol This is too generall a question to receive a perfect answer to eve 〈…〉 particular case which may happen 〈◊〉 generally this is to be observed 〈◊〉 the Law unsetleth none who are 〈…〉 ully setled nor permits that to be 〈…〉 e by force or compulsion and eve 〈◊〉 one who is setled a Native House 〈…〉 lder a Sojourner an Apprentice or Servant for a month at the least with 〈◊〉 a just complaint made to remove 〈◊〉 or her shal be held to be a setling quest XXVI A rogue is taken at A. and wil not confess the place of his birth neither doth it appear otherwise but that he confesseth the last plece of his habitation to be at S. hereupon he is whipped and sent to S. at his comming to S. there the place of his birth is known to be at VV. and thereupon the Rogue confesseth it to be so whether he might without new vagrancy be sent to VV. Resol In this case it is fit to send such a Rogue to the place of his birth but this is but a mistaking and no legal setling quest XXVII If an Indictment be preferred to the grand Inquest of the quarter Sessions of the peace against one for Murder Manslaughter Robbely Felony or petty Larceny and Ignoramus found thereupon whether the said Sessions may deliver the party by proclamation or not Resol Not by Proclamation but for Petty Larceny and other petty Felonies in discretion the Goal may be delivered of them quest XXVIII If a Constable be chosen and refuse to take his Oath what shall be done And whether a Constable may make a deputy and by what means Resol The refusall or neglect to take Oath in such case is a contempt worthy of punishment and the best way is by Indictment and thereupon to fine and imprison him and the making of a deputy is rather by toleration than by Law Quest XXIX If a Constable die or remove out of his place where c. how is his place to be supplyed Resol By the Lord of the Leet if that time fell neare if otherwse by the Sessions but if that be too far off then by the next Justices quest XXX If a poor weak man be chosen Constable or Tything-man be unfit for the place how he may be removed and a fresh sworne in his roome Resol The Justices must help this and 〈…〉 f the Lord of the Leet have power to chuse a Constable or Tything-man and perform it so ill that is a just cause to seize his liberty quest XXXI If a Nurse-child a Schollar at a Grammar School or in the University prove to be impotent by sickness lameness lunacy or discovery of Felony how such persons shall be disposed Resol A Nurse-child or a Schollar at the Grammer School or in the University are not to be esteemed as persons setled there more than Travellers in their Innes but their setling is where their parents were setled or themselves were last setled Quest XXXII What proportion Parsonages or Tithes shall bear to the taxation of the poor of the Parish Resol The Parson having the Tenths or Tythes of the Parish it seemeth good and equal that he shal pay the Tenth part of the rate of the poor in that respect quest XXXIII VVhether for placing of the poor of the parish not to be removed but by consent of the parish these poor men may not be placed c. Inmates for a time Resol They may by express words of the Stature of 43 Eliz. quest XXXIV It a Parishioner or owner within a Parish do bring into the Parish without the consent of the parish a stranger of another parish which is or apparently like to be burthensome to the parish how they may ease themselves Resol By taxing such a one to the charge of the rates of the poor not having respect to his ability or the land he occupies but according to the damage and dangerhe bringeth to the parish by his folly quest XXXV For VVarding in the day time for apprehending of Rogues whether the Constable may not enlarge it Resol VVarding in the day time is of great use and must be left to the discretion of the Constables or direction of the Justices to vary according to the occasion quest XXXVI VVhether Alchouses ought to be allowed in Through-fair Towns and others in other places to be restrained onely to sel to the poore out of
And to take Appeal of Robbery and Felonle 9 Hen. 6. fol. 4. 37. quere if they may proceed in that for the Book saith that they may record Non-suits in Appeals and give judgment upon Outlawries The Coroner certifieth into the Kings-Bench that W. C. received A. B. as he was carried to be hanged and conducted him to the Church of S. This is no good Record for hee can certifie nothing but super visum corporis or by special Writ to him directed A Coroner is made in the time of King Henry the eight and the Coroner sitteth in the time of the King that now is super visum corporis and taketh a sufficient Indictment and certifieth it that is a good Record and the Court may proceed upon it 4 E. 4. 44. For the Coroner is made by Writ and he shall endure till he bee discharged by Writ contrariwise it is of them that be made by Commission for by the Kings death their power is then dissolved A Coroner sitteth super visum corporis and taketh a perfect Indictment and another Coroner of the same Shire sitteth after and taketh another Indictment the second Indictment is voyd 5 R. 2. 10. 7. For by the first sitting the Enquiry is perfectly determined ended A man indicted of Felony confesseth the Felony and approveth and hath a Coroner assigned him and he approveth one of Felony in another County this is a good Appeal 9 H. 6. 45. But the Coroner cannot make Process to them but he must certifice the record to the Justices of the Goale-Delivery and they shall make the Proces Approvement is as much to say as an Accusation and it must be after judgement and it must be made by him that is indicted of Felony and hath confessed the Felony and upon this the Justices may assign a Coroner to hear his Approvements and to record them and a certain time shal be assigned him to Approve but it is at the discretion of the Justices if they will permit him to approve or no And if he approve out of the time to him assigned it is voyd If a man plead not guilty to the Felony at the Issue and after he will relinquish the Issue and confess the Felony he shall not be suffered to become an Approver 21 E. 3. 10. For he hath taken a peremptory Issue and is found two times false one is by committing the Felony another is by taking of that false Plea and therefore he shall not be trusted to approve oÌ„thers If one that is robbed bring an Appeale against one which confesseth the Felony he shall not be suffered to approve for an approvement is onely for the profit of the King and in this case the party shall not be so long delayed and in an Appeal the Defendant shall not be suffered to approve A man is in prison for Trespass and will confess Felony he shall not be sâ—ffered to approve for he is not in prison for Felonly A man that is Outlawed of Felony he shall not be suffered to approve for this Outlawry is an attainder in Law and a man attainted cannot approve for he is out of the protection of the King and his Law and this approvement is an Action and a man out of the Law can use no Action A man approveth I. S. being an Alien born and now being in Spain this is no good approvement for he cannot be summoned by Process to answer A man cannot approve another after that he himself is abjured for none can approve but such as may have judgment to be hanged and so cannot a man abjured A Clerk convict escapeth out of the Bishops Prison and maketh another Felony and confesseth that Felony he shall not approve for he hath another judgment before and he is out of the Law and cannot be adjudged again If the Approver misrehearse the appealee either by his name orthe colour of his horse he shall be hanged incontinent If a man be indicted for forging of false money if he confess that Treasâ—n he may approve others If one confess the Felony and approve another which joyneth the mise by battle that not guilty and when the approver cometh to the field to fight he relinquisheth his approvemens he shal be hanged incontinent and the other shall go quit for this doth countervail a vanquÌ„ishment An Approver appealeth himself and I. S. for that they break out of N. in which they were for Felony this is no good approvement for one cannot approve another of felony but of such whereunto himself was party and the breaking of the prison was severall escapes for one was not party unto the escape of the other An Approver approveth another which pleadeth not guilty the Kiâ— pardoneth the approver the appeallee shall go quit contrariwise it is if the appealer dye in Prison An approver appealeth another for that he did receive goods knowing they were stoln this is no good approvement An approver approveth another of a Felony whereunto himself was not privy nor party this is no good approvement An approver appealeth one which appeareth and upon that the appealer taketh his Clergy the appeallee shal be arraigned upon the Felony for the King An approver appealeth I. S. and there is no such in rerum natura the approver shall be hanged incontinent The Justices of the Goal-Delivery or of Oyer and Terminer may assign a Coroner unto him that will approve but Justices of peace cannot Sanctuarie taken away by the Statute Ideo c. In what Cases a Man have Clergy and what not And where the Ordinary may refuse the Clerk and where he may challenge him And where the Abuses of the Clergy shall be punished And where it is Finable And which Acts shall bee judged an Escape and which not NOte that if a man be convicted of wilful murder poysoning robbing of a Church or Robbing by the Highway or for Burglary where any is put in fear of their life or for stealing of horses mares or geldings these persons shal not have their Clergy by the Statute of Anno 1 E. 6. cap. 12. Such as for the offences aforesaid be arraigned and stand mute or challenge peremptory above the number of twenty Jurors or wil not answer directly to the Felony they shall not have their Clergy by the aforesaid Statute but in all other cases they shall have their Clergy as they might have had before the 24. day of Apr. Anno 1 H. 8. A man arraigned of Rape shall not have his Clergy â—er Stat. El. 18. cap. 6. A man that is Bigamus that is twice married or hath married a Widow is arraigned of Felony for stealing of a cow shall have his Clergy that is given by the Statute of Anno 1 Ed. 6. A man is arraigned for robbing of a house in the night where none was put in fear of their life he shall have his Clergy A clerk
VVomen cempelled to serve Servants imbezelling their Masters goods Taking Apprentices contrary to the Statute None shall occupy any draft but which he hath bin an apprentice A remedy for an apprentice misused by his Master Nota. Nota. Larceny Petty Larceny VVho may be a tanner A Tanner shall not be a cutter of Leather How hides shal be used in vanting Curriers A Currier shall not use any other trade cutting leather VVithin what time leather shal be curried The penalty for not appointing Searchers A Searcher omitting his duty or taking bribes Denying of the office Denying of Search Selling leather not registred Buying leather not sealed or registred Shoomaker Mayme Maintenance inquiry of riots Routs c. Forcible entries by maintenance Maintenance of suits Nota. Champertors Embracers Chance-medley Se defendendo Nota. Nota. Murder Poisoning Stabbing Malt to be theee weeks in the whole time of making Nota. The number of Malsters may be restrained A cow shal be kept for 60. sheep A Cow for i0 Bea 〈…〉 s feed for every two kine a Calf The day for all Mortuaries To marry the former husband or wife living is felony In what place pewter ought to be sold Maintenance of houses for unlawfull games Playing as unlawfull games Person prohibited to play at unlawfull games Overseers of the poor The punishment of thosewhich wil not work The forfeitures for not naming Overseers â—isturb Preachers Nota. Saying or singing Mass Licences to such persons Goalers 〈◊〉 handling their prisoners straitly Reliefe of prisoners Breaking prison Escape rescues Bailement of prisoner Persons not baylable Two Iustices Taking ward c. By what measure purveyors 〈◊〉 take When purveyors shal fel timber Felony in Purveyors Nota. Charter Ravish a Maid c. Abusing children under ten yeares Taking a woman against her will Keeping Recusants in his house Keeping Schoolemaster Abjurgation Popish Reliques Iesuites Taking stoln goods again The forfeitures of the Iustices which do not execute this Stat. The number which make a Riot c. VVhat makes an unlawfull assembly 〈◊〉 Rut. Arrest Rioters Riot Enquiry of Riots c. Certifying of a Riot The punishment of Riots Each man shall help to repress Riots A Iury to enquire of Riots c. Maintainance whereby a Riot is not found Vnlawfull assemblies Disclosing a commotion wherin one is moved Rebellious Assembly Theft Robbery Highway House Tent or booth Robbing a-any part of any house by day of the value of 5. Church or Chappell Transporting sheep Estrcals shall be shewed to the party and rooted Iustices shall view the Sheriffs estreats Indictment takenin the Sheriffs Turn shall be delivered to the red to the Iust of Peace The preparation of the earth for making tile The length breadth thickness of tile Searchers of tile He that hath license to transport corn shall lade it in one place Lawfull to transport Corn and Beer High treason The punishment Premunire Misprison The punishment Petty treason The punishment The forfeitures The surplusage of the stock VVho shal beadjudged incorigable bohues to br burned VVho shall be adjudged Vagabonds and Rogues VVho shall be adjudged a felon Rogues ought to be conveyed from parish to parish Outlandish Rogues Every person shal apprehend rogue Corrupt Victualls Victuall shal be sold at reasonable prize Selling wares and buying them again Nota. â—one shall 〈…〉 ey or sell 〈…〉 t with â—eigbts â—easures 〈…〉 gned and 〈…〉 inted Common weights Officers shall view examine weights Seale weights False VVeights Countterters of VVeights Taking or destroying the egges of VVild Fowle Denying to sel VVine at the prices assessed Vide Stanford anciently Felonys include all trespasses therefore the Iustices of Goale-Delivery have power to hold plea of trespasses against them in prison or upon baile render themselves Vide 1 Mar. Dier 99. Iustices of assizes held plea of all appeales of Felony or Murder against one in prison by their gene rall commission so by the same reason to take Indictments 9 H. 6. 4. 37. 5 Ed. 8. 4 Ed. 4. 44. 5 R. 2. 20. 7. 29 Ed. 3. 45. 21 Ed. 3. 10. 25 Ed. 3. 21 Ed. 3. 11 Ed. 3. 17 Ed. 3 4 25 Ed. 3. 19. 19 H. 6. 22 Edw. 3. 21 H. 5. 38 25 Ed. 3. 25. 25 Ed. 3. 12. 7. 10 Ed. 4. 17. 3 Ed. 3. 36 21 H. 6. 45. 1 Iac. 25. 28. 1. Ed. 6. 22 Ed. 3. 35. 21 Ed. 3. Coron 461. 34 H. 6. 55. 9 Ed. 4. 29. 22 Ed. 3. 35. 9 E. 4. 3. 29. 8 H. 4. 3 H. 7.